My Account Real Estate Deeds

Hawaii Trustee Deed

Unlike other instruments of conveyance, which are named for the warranties of title they contain, the trustee's deed is named after the person executing the deed. Trustees use a trustee's deed to transfer real property out of a trust. A trustee's deed for use in trust administration is different from a trustee's deed upon sale, used after foreclosure of real property under a deed of trust.

The trustee of a living trust is appointed by the trust's settlor in the trust instrument. The settlor is the person funding the trust with assets (in this case, real property). Since a trust cannot hold title to property, the trustee acts as an authorized agent of the trust and holds title to the trust's assets. Under direction from the settlor, the trustee can sell real property out of the trust.

A basic trustee's deed conveys title in fee simple to the grantee in exchange for consideration (something of value, usually money). It must meet the same requirements for form and content as other conveyances affecting real property, and it contains additional information about the trust. The deed names the trustee as the grantor and states the trust's name and date of establishment (the date of the trust instrument's execution). A trustee's deed requires a legal description of the subject real property, as well as a reference to the prior deed under which the trustee was granted title.

Each acting trustee must sign the deed in the presence of a notary public for a valid transfer. The notary may require a witness signature in addition if the trustee is not personally known to the notary.

In many states, recipients of a trustee's deed require a certificate of trust. A stand-in for the trust instrument, which is not a matter of public record, the certificate is proof that the trust exists and that the trustee has the authority to authenticate documents and act on behalf of the trust. In Hawaii, however, persons dealing with a trustee are protected under the Uniform Trustees' Power Act (Haw. Rev. Stat. 554A:7).

Hawaii is one of a few states with a dual recording system. Submit the deed for recording in either the Land Court (Torrens) or the Regular System (or both). The Bureau of Conveyances maintains records for both systems. Check which system to record in by consulting the prior deed, and consult a lawyer with any questions.

Trust law can quickly become complex, so consult an attorney with any questions regarding your unique situation. Hawaii Trustee Deed Forms Have Been Updated as Recently as Wednesday January 6, 2021

4.8 out of 5 (2314 Reviews)

What others like you are saying:

Richard V. said: It was very easy to get the documents which I needed.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

DAVID K. said: You are definitely the place to go for forms and other things which I need to solve my problems. Thanks for your help.

Reply from Staff: Thank you!

Jana C H. said: Form was the one I needed and the instructions along with a sample form was all I needed.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

lola d. said: wonderful

Reply from Staff: Thank you!

Jeffey V. said: Easiest way I've found to get Warranty Deeds in different parts of the country. Highly recommend.

Reply from Staff: Thank you Jeffey.

Melody P. said: 5 Stars isn't enough! I worked with KVH today (12-30-20) to get some deeds filed in Dallas County before the end of the year. Timing was critical and I thought my only option was to record in person. Someone suggested I try, and I'm very glad I did. KVH provided excellent service. Everything was quick and efficient, and I highly recommend using this service. Thanks!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Select County where the property is located.

Hawaii Trustee Deed Form