A Hawaii deed is used to transfer real estate from a grantor to a grantee once recorded with the Hawaii Bureau of Conveyances. In the majority of cases, the transaction will be between a seller and a buyer, and include the purchase price and a legal description of the property. The deed is separate from the purchase agreement that relays the terms of the real estate purchase, and its main purpose is to officially record that the property has changed hands.
The level of legal protection provided to the grantee will vary depending on the deed type. For instance, a general warranty deed will give a guarantee that there are no monetary claims on the property, while a quit claim deed provides no such assurances.
Contents |
Types (5)
Deed of Trust – Used to transfer a property title to a trustee to be held as collateral until a borrower repays a lender.
Download: PDF, Word (.docx), OpenDocument
General Warranty Deed – Includes a statement guaranteeing that there are no liens or encumbrances on the property from its current and previous owners.
Download: PDF, Word (.docx), OpenDocument
Quit Claim Deed – A deed that provides no assurance that the property being transferred is free of claims.
Download: PDF, Word (.docx), OpenDocument
Special Warranty Deed – Only provides the grantee with the promise that there are no claims on the property on account of its current owner (the grantor).
Download: PDF, Word (.docx), OpenDocument
Transfer on Death Deed – Used to prepare the property transfer from an owner to a beneficiary while allowing the owner to retain ownership during their lifetime.
Download: PDF, Word (.docx), OpenDocument
Laws & Requirements
- Statutes:
- Required Forms (Department of Taxation Instructions for Form P-64A & Form P-64B):
- Conveyance Tax Certificate (Form P-64A): This form should be included with each deed unless exempt as described in §§ 247-3(1- 17); if exempt, the following document must be filed instead:
- Conveyance Tax Exemption (Form P-64B): Must be filed in lieu of Form P-64A should the property meet the exemptions in §§ 247-3(1- 17).
- Formatting: §§ 502-31(e), § 502-33(b), § 501-105, Hawaii Land Court Rule 58(3), Hawaii Land Court Rule 67
- Signing Requirements (§ 502-41): Notary Public
- Where to Record: Hawaii Bureau of Conveyances
- Recording Fees (Bureau of Conveyances “Recording Fees”):
- Land Court: $36 up to fifty (50) pages, $101.00 for documents exceeding fifty (50) pages.
- Regular System: $41 up to fifty (50) pages, or $106.00 for documents fifty-one (51) pages or more.