Updated on September 12th, 2022
A Hawaii transfer on death deed transfers real property from an owner to a designated beneficiary in the event of the property owner’s death. This deed facilitates the distribution of real estate by transferring the title to the beneficiary outside of probate court, thus avoiding a potentially long and arduous process. The execution of this deed does not alter the owner’s right to sell, lease, or encumber the property should they choose to do so, and they may revoke the deed at any time. The deed will have no effect on the title of the property until the owner’s passing.
It should be noted that according to Hawaii’s “120-hour survival rule,” in order to receive the property, the beneficiary must outlive the deceased by at least 120 hours.
- Formatting: § 527-9, § 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.