Hawaii general warranty deed
Here is what Hawaii actually requires on a general warranty deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- 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 general warranty deed does in Hawaii
A general warranty deed transfers ownership and adds the full set of title covenants: the grantor promises they own the property, have the right to sell it, that it is free of undisclosed encumbrances, and that they will defend the title against any claim, including claims that arose long before they owned it. It is the standard instrument for an arm's-length sale between private parties.
When Hawaii property owners use a general warranty deed
- Sell a property directly to a buyer without an agent
- Transfer a property where the buyer expects full title protection
- Satisfy a purchase contract that calls for a warranty deed
- Convey property where a title company requires warranty covenants
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 |
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.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
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 general warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- The covenants only bind the grantor personally. If they have no assets, a covenant claim may be worth little.
- It does not replace title insurance or a title search. It gives you a claim after the fact, not clean title today.
- It does not avoid probate and cannot be revoked once delivered and recorded.
- Signing one when you don't actually know the property's history exposes you to real liability. Where that is a concern, a special warranty deed is the safer instrument.
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.
How to hold title in Hawaii
When two or more people take title in Hawaii and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Hawaii: tenancy by the entirety (married couples only), joint tenancy with right of survivorship, and tenancy in common.
$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.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Keep reading
- Hawaii quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Hawaii special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Hawaii transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- 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.