Hawaii Transfer on Death Deed
A Hawaii transfer on death deed names a beneficiary to receive your real property without probate. It must be notarized and recorded with the Bureau of Conveyances, or filed with the Land Court, before your death. No witnesses are required. Attorney review available.
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Introduction
Hawaii records a transfer on death deed with the statewide Bureau of Conveyances, not a county office, and it is a deed you sign and record while you are alive that names a beneficiary to receive your real property automatically at your death, without probate. It is authorized by the Hawaii Uniform Real Property Transfer on Death Act, Hawaii Revised Statutes chapter 527 (Haw. Rev. Stat. 527-5). During your life the deed has no effect on your ownership: it is nontestamentary and takes effect without notice, delivery, acceptance, or consideration by the beneficiary (Haw. Rev. Stat. 527-7 and 527-10), so you keep full control and can sell, mortgage, or revoke it. To be valid in Hawaii, the deed must contain the essential elements and formalities of a properly recordable inter vivos deed, which includes acknowledgment before a notary, and the capacity to make it is the same as the capacity to make a will (Haw. Rev. Stat. 527-8 and 527-9). Hawaii does not require witnesses. The deed must be recorded with the Bureau of Conveyances, or filed in the office of the assistant registrar of the land court for property registered in the land court, before your death (Haw. Rev. Stat. 527-9). Hawaii records statewide through the Bureau of Conveyances rather than county by county, and there is no fixed deadline after signing, but recording must happen while you are alive. Hawaii does not prescribe a mandatory statutory form. The deed is revocable (Haw. Rev. Stat. 527-6): you revoke it only by a recorded or filed instrument, acknowledged after the deed being revoked, such as a later transfer on death deed, an instrument of revocation, or an inter vivos deed that expressly revokes it (Haw. Rev. Stat. 527-11), and not by tearing or destroying it. DocDraft builds your Hawaii transfer on death deed from your facts, with attorney review available before you sign.
Key Things to Know
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In Hawaii a transfer on death deed is a deed you record while alive that names a beneficiary to receive your real property automatically at your death, without probate. It is authorized by the Hawaii Uniform Real Property Transfer on Death Act, Hawaii Revised Statutes chapter 527.
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During your life the deed has no effect on your ownership. It is nontestamentary and takes effect without notice, delivery, acceptance, or consideration by the beneficiary (Haw. Rev. Stat. 527-7 and 527-10), so you keep full control and can sell, mortgage, or revoke it.
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To be valid the deed must contain the essential elements and formalities of a properly recordable inter vivos deed, which includes acknowledgment before a notary (Haw. Rev. Stat. 527-9). Hawaii does not require any witnesses.
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The capacity to make or revoke the deed is the same as the capacity required to make a will (Haw. Rev. Stat. 527-8).
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You must record the deed with the Bureau of Conveyances, or file it with the office of the assistant registrar of the land court for registered land, before your death (Haw. Rev. Stat. 527-9). Hawaii records statewide, not county by county, and there is no fixed deadline after signing.
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Hawaii chapter 527 does not prescribe a mandatory statutory form. The deed must meet the formalities of a recordable deed and state that the transfer takes effect at your death.
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The deed is revocable (Haw. Rev. Stat. 527-6), but only by a recorded or filed instrument acknowledged after the deed being revoked, such as a later transfer on death deed, an instrument of revocation, or an inter vivos deed that expressly revokes it (Haw. Rev. Stat. 527-11). You cannot revoke it by tearing or destroying it, and a will cannot revoke it.
Key decisions before you file
Before you file a Transfer on Death Deed in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Transfer on Death Deed guide walks through them.
Open the Transfer on Death Deed guideCustomize your Transfer on Death Deed Template with DocDraft
Once your Transfer on Death Deed is ready, you can check whether it needs to be notarized in Hawaii in about a minute, and notarize it online through DocDraft if it does.
Hawaii Requirements for Transfer on Death Deed
Hawaii does not prescribe a mandatory statutory form. Under Haw. Rev. Stat. 527-9 the deed must contain the essential elements and formalities of a properly recordable inter vivos deed and state that the transfer takes effect at the transferor death.
The full legal description of the property from the current recorded deed, plus the street address and the tax map key. Note whether the property is registered in the land court, because that changes where the deed is filed.
The full legal name of the beneficiary who will receive the property at the transferor death, and an alternate if the first does not survive. Naming a backup keeps the property out of probate if the first beneficiary dies first.
The transferor must sign the deed and have the signature acknowledged before a notary, which is part of the formalities of a recordable deed (Haw. Rev. Stat. 527-9). Without a valid acknowledgment the deed cannot be recorded.
Hawaii does not require witnesses for a transfer on death deed, but the capacity to make or revoke it is the same as the capacity required to make a will (Haw. Rev. Stat. 527-8).
The deed must be recorded with the Bureau of Conveyances, or filed with the office of the assistant registrar of the land court for registered land, before the transferor death (Haw. Rev. Stat. 527-9). Hawaii records statewide, not county by county, and there is no fixed deadline after signing.
The deed is revocable (Haw. Rev. Stat. 527-6) but only by a recorded or filed instrument acknowledged after this deed: a later transfer on death deed, an instrument of revocation, or an inter vivos deed that expressly revokes it (Haw. Rev. Stat. 527-11). Tearing or destroying the deed does not revoke it, and a will cannot revoke it.
The beneficiary takes the property subject to any mortgages, liens, and claims that exist on it at the transferor death. The deed passes only the property it describes and does not change the transferor other assets or will.
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Check my Transfer on Death DeedFrequently Asked Questions
In Hawaii a transfer on death deed is a deed you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without probate. It is authorized by the Hawaii Uniform Real Property Transfer on Death Act, Hawaii Revised Statutes chapter 527. During your lifetime it has no effect on your ownership: it is nontestamentary, so you keep full control and can sell or revoke it, and the beneficiary has no interest until you die.
A Hawaii will directs who inherits your property, but the property still passes through probate, the court process that can take months. A Hawaii transfer on death deed passes the specific real property it names directly to the beneficiary at your death, outside probate. The will covers your whole estate; the transfer on death deed covers only the real property it describes. Many Hawaii residents use both, so the deed handles the property and the will handles everything else.
To be valid in Hawaii the deed must contain the essential elements and formalities of a properly recordable inter vivos deed, which includes acknowledgment before a notary, and you must have the capacity to make a will (Haw. Rev. Stat. 527-8 and 527-9). Hawaii does not require witnesses. You must record it with the Bureau of Conveyances, or file it with the land court for registered land, before your death. Recording it while you are alive is what makes it effective.
No witnesses are required in Hawaii; the deed must be acknowledged before a notary as part of the formalities of a recordable deed, not witnessed. There is also no fixed number of days to record after signing. The rule is that the deed must be recorded with the Bureau of Conveyances, or filed with the land court, before your death (Haw. Rev. Stat. 527-9), so recording promptly is the safe practice.
Hawaii records real property statewide, not county by county. You record a Hawaii transfer on death deed with the Bureau of Conveyances, or, if the property is registered in the land court, you file it in the office of the assistant registrar of the land court (Haw. Rev. Stat. 527-9). For land court property, chapter 527 also requires a petition to the land court under Haw. Rev. Stat. 527-13. You must record or file the deed before your death.
Yes, the deed is revocable (Haw. Rev. Stat. 527-6), but only by a recorded or filed instrument that is acknowledged after the deed being revoked and recorded before your death: a later transfer on death deed, an instrument of revocation, or an inter vivos deed that expressly revokes it (Haw. Rev. Stat. 527-11). You cannot revoke it by a revocatory act such as burning, tearing, or destroying it, and a will cannot revoke it.
No. Hawaii Revised Statutes chapter 527 does not prescribe a mandatory statutory form for a transfer on death deed. To be valid the deed must contain the essential elements and formalities of a properly recordable inter vivos deed, clearly state that the transfer takes effect at your death, be acknowledged before a notary, and be recorded before your death (Haw. Rev. Stat. 527-9). Getting these elements right matters, and attorney review is available.
After your death, the beneficiary records proof of your death, such as a death certificate and any required affidavit, with the Bureau of Conveyances, or files it with the land court for registered land, so the record shows the transfer. The beneficiary takes the property subject to any mortgages, liens, and claims that exist on it at your death. Until the beneficiary records that proof, the record continues to show you as the owner.