Hawaii Transfer on Death Revocation

In 2011, Hawaii enacted its version of the Uniform Real Property Transfer on Death Act (URPTODA), found at Chapter 527 of the Hawaii Revised Statutes.

Along with Hawaii, a growing number of states are choosing to adopt the provisions of the URPTODA. The new law allows landowners to direct the distribution of what is often their most significant asset, their real estate, with a correctly executed and recorded transfer on death deed (TODD).

Transfer on death deeds are nontestamentary, which means ownership of the property passes to the beneficiary without instructions in a will or the need for probate (5277). Unnecessary conflicts are likely to add confusion and expense, so property owners should ensure that their wills and TODDs contain the same instructions.

The named beneficiary gains no present rights to the property, only a potential future interest. Instead, the transferors retain absolute control during their lives. This includes the freedom to use the property in any lawful manner, to sell or transfer it to someone else, and to modify or revoke the intended transfer on death (52712). These details, along with the fact that TODDs only convey the property rights remaining, if any, at the owner's death, explain why they do not require notice to or consideration from the beneficiaries (52710).

Revocation is an important feature of transfer on death deeds because it allows the owner to easily respond to a change in circumstances. At 52711, the statute outlines the three methods available for changing or revoking a recorded transfer on death deed, by executing and recording:

- a new TODD
- a revocation form
- a deed (example: warranty deed) that conveys title to someone else and expressly revokes all or part of the TODD

To preserve a clear chain of title, it makes sense to file a revocation form when changing a previously recorded transfer on death deed or selling the property outright. This extra step will add an end point for the potential transfer, simplifying future title searches prior to selling or mortgaging the property.

Since each circumstance is unique, contact an attorney with specific questions or for complex situations.

Deeds.com Hawaii Transfer on Death Revocation Forms Have Been Updated as Recently as Thursday January 16, 2020

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What others like you are saying:

Shirley C. said: I liked that the documents could be filled in on my computer. All the documents came out nice, better than I expected really.

Reply from Staff: Thank you Shirley, we appreciate your feedback. Have a great day!

Tiffany Dawn J. said: Would be nice to have a better description on how to complete the forms if it is separated couple and one is signing the deed over to the other. I am still unsure how it should be worded. Disappointed that the guide didn't have better explanations.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Karen B. said: Completed although having the sample really helped. Now to file.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Michael S. said: So far, I'm happy with my experience. I'm still reviewing the guide for the docs I downloaded. Including the guide for the docs is indeed a plus.

Reply from Staff: Thank you Michael, we really appreciate your feedback.

FRANK O. said: Easy to download and use the forms, however two forms needed for my county recording were not included.

Reply from Staff: Thank you for your feedback Frank. We'll look into finding and including the additional supplemental documents. Sometimes supplemental documents have to be generated by the county's system, specific to the transaction.

Caville B. said: Received the documents, but the explanation and process is not as straightforward as I would have liked. The Instructions and Sample document were not always easy to follow. I may just have a real estate lawyer perform the task.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!