Hawaii transfer-on-death deed
A transfer-on-death deed lets you name who inherits your Hawaii property without probate, while you keep full ownership and the right to change your mind. Here is exactly what Hawaii requires, what it costs, and where to file it.
- Recording office
- Bureau of Conveyances (statewide)
- Witnesses
- Notary only
- Transfer tax
- $0.10 to $1.25 per $100
- First-page margin
- 3″ top
- Recording fee
- ~$36 first page
- E-recording
- Generally available
What a transfer-on-death deed does in Hawaii
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado, Missouri and New Mexico) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate on proof of death.
In Hawaii the governing statute is Haw. Rev. Stat. ch. 527.
When Hawaii property owners use a transfer-on-death deed
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
What Hawaii requires on the deed
These are the execution and formatting rules the Bureau of Conveyances enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Hawaii says |
|---|---|
| Recording office | Bureau of Conveyances (statewide) |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
| Accompanying form | Form P-64A or P-64B Conveyance Tax Certificate |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
How to complete and record it in Hawaii
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Bureau of Conveyances (statewide) can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with Hawaii's statutory language, the correct notary block, and the 3-inch first-page margin the Bureau of Conveyances expect.
- Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
- Complete Form P-64A or P-64B Conveyance Tax CertificateHawaii requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the Bureau of Conveyances (statewide)File in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Tell your beneficiaries where it isAfter your death they will need the recorded document plus a certified death certificate, and in most states an affidavit of death, to complete the transfer.
What it costs in Hawaii
| Cost | Typical amount |
|---|---|
| Recording fee | About $36 for the first page |
| Transfer tax | Conveyance tax: $0.10 to $1.25 per $100, graduated by value and by whether the buyer qualifies for a homeowner exemption |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $69, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
Hawaii charges a conveyance tax of $0.10 to $1.25 per $100, graduated by value and by whether the buyer qualifies for a homeowner exemption. It is customarily paid by the grantor.
Exemptions that commonly apply to a transfer like this: transfers where consideration is $100 or less, transfers between spouses or reciprocal beneficiaries, and transfers to a revocable trust. You have to claim the exemption. The recorder won't apply it for you.
Where to record it in Hawaii
Hawaii deeds are recorded with the Bureau of Conveyances (statewide) in the county where the property sits, not where you live. There are 5 counties in Hawaii.
Most Hawaii recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in Hawaii: Honolulu, Hawaii, Maui, Kauai. See all Hawaii recording offices.
What a transfer-on-death deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only about thirty states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If the beneficiary dies before you and you name no alternate, the deed usually fails and the property goes through probate anyway.
Quirks of Hawaii law that catch people out
- Hawaii records every deed in a single statewide Bureau of Conveyances in Honolulu. There are no county recorders.
- Hawaii runs two parallel systems: the Regular System (recording) and Land Court (Torrens registration). Which one applies depends on the property, and the requirements differ. Check your prior deed. It will say.
- A conveyance tax certificate (P-64A or P-64B) must accompany every deed, including exempt transfers.
- Hawaii recognizes transfer-on-death deeds under chapter 527.
$69, one time. Your finished deed appears in full before you pay, with Hawaii's witness rules, margins, and recording instructions already applied.
Common questions
No. Hawaii has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the Bureau of Conveyances (statewide). Deedly produces all of that for $69, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $36 for the first page. Hawaii also charges conveyance tax of $0.10 to $1.25 per $100, graduated by value and by whether the buyer qualifies for a homeowner exemption, though gifts and family transfers are often exempt. Hawaii charges a flat fee per document; Land Court and Regular System documents are priced separately.
No. Hawaii requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the Bureau of Conveyances (statewide) in the county where the property is located, not where you live, and not where the buyer lives. Hawaii has 5 counties. Most offices also accept e-recording through a submitting service.
Yes. Transfer-on-death deeds are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
Yes, for this property. On death the property passes directly to the people you named, outside probate, once they record proof of death with the Bureau of Conveyances (statewide). It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
Keep reading
- Hawaii quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Hawaii general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Hawaii special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Hawaii life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for HawaiiRecording offices, transfer tax, witness rules, and fees.
- Hawaii recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.