Hawaii Transfer on Death Revocation

Hawaii Transfer on Death Revocation Information

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 Tuesday September 13, 2022

4.8 out of 5 (3807 Reviews)

What others like you are saying:

CORA T. said: very convenient and quick access

Reply from Staff: Thank you!

Samantha S. said: I really appreciated Deeds.com. It was quick and easy to use. Saved me substantial time completing my deed recording.

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

Jeanne V. said: The service your provide is awesome. I rarely need to file a deed through e-recording, but when an emergency arose and I needed to get the deed recorded fast, your program came through. Well worth the $19.00 cost! It was very convienent and easy to use. I will definitely use this service again!!

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

Jason B. said: Deeds.com did a great job in explaining exactly what I'd need to file a deed transfer (quitclaim deed). I didn't have to order the forms piecemeal, but was able to order the whole package at once for a reasonable price. Once downloaded, their fill-in-the-blank PDF was easy to use with detailed instructions for each line item. I'd definitely use them again.

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

DONNA P. said: Deeds.com was quick, efficient, and cost effective. Deeds.com works with individuals where I found other companies only offer services to title companies, settlement companies, etc. Thank you Deeds.com!

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

FEDERICO T. said: It was a little confusing to retrieve the documents. I was waiting for an email, but then I went toyour portal and I saw the messages and the document.

Reply from Staff: Thank you for your feedback Frederico.