Hawaii County Transfer on Death Revocation Form

Additional Hawaii and Hawaii County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Hawaii County

Properties in any of these areas use Hawaii County forms:

• Captain Cook
• Hakalau
• Hawaii National Park
• Hawi
• Hilo
• Holualoa
• Honaunau
• Honokaa
• Honomu
• Kailua Kona
• Kamuela
• Kapaau
• Keaau
• Kealakekua
• Keauhou
• Kurtistown
• Laupahoehoe
• Mountain View
• Naalehu
• Ninole
• Ocean View
• Ookala
• Paauilo
• Pahala
• Pahoa
• Papaaloa
• Papaikou
• Pepeekeo
• Volcano
• Waikoloa

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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.

Important: Your property must be located in Hawaii County to use these forms. Documents should be recorded at the office below.

This Transfer on Death Revocation meets all recording requirements specific to Hawaii County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Hawaii County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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