Quitclaim Deeds and Transferring Property in Hawaii
How to sign and record a quitclaim or other deed in Hawaii, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: To be recorded, a deed must carry a certificate of acknowledgment (typically before a notary public) in the statutory form. Haw. Rev. Stat. §§ 502-41, 247-2
| Signing and recording a deed | To be recorded, a deed must carry a certificate of acknowledgment (typically before a notary public) in the statutory form. Deeds are recorded with the State Bureau of Conveyances, or for Land Court (registered) property filed with the Land Court assistant registrar. A state conveyance tax applies, based on the consideration or value, at graduated rates starting at 10 cents per $100 for property under $600,000 (higher rates apply to some sales of condominiums or single-family homes where the buyer is not eligible for a county homeowner's exemption). Witness requirements for deeds were not confirmed. Conveyance tax rates are listed in § 247-2: https://www.capitol.hawaii.gov/hrscurrent/Vol04_Ch0201-0257/HRS0247/HRS_0247-0002.htm Source: Haw. Rev. Stat. §§ 502-41, 247-2 |
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| Transfer-on-death deed | Yes. Hawaii's Uniform Real Property Transfer on Death Act allows a transfer on death deed. The owner must have the same capacity as needed to make a will; the deed must have the formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded with the Bureau of Conveyances (or filed with the Land Court assistant registrar, for Land Court property) before the owner's death. Notice to, delivery to, or acceptance by the beneficiary is not required, and the deed can be revoked by a later recorded instrument (not by tearing it up). |
Free Hawaii quitclaim deed template — fill in and print
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FAQ
What does a quitclaim deed need to be valid in Hawaii?
To be recorded, a deed must carry a certificate of acknowledgment (typically before a notary public) in the statutory form. Deeds are recorded with the State Bureau of Conveyances, or for Land Court (registered) property filed with the Land Court assistant registrar. A state conveyance tax applies, based on the consideration or value, at graduated rates starting at 10 cents per $100 for property under $600,000 (higher rates apply to some sales of condominiums or single-family homes where the buyer is not eligible for a county homeowner's exemption).
Does Hawaii allow transfer-on-death deeds?
Yes. Hawaii's Uniform Real Property Transfer on Death Act allows a transfer on death deed. The owner must have the same capacity as needed to make a will; the deed must have the formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded with the Bureau of Conveyances (or filed with the Land Court assistant registrar, for Land Court property) before the owner's death. Notice to, delivery to, or acceptance by the beneficiary is not required, and the deed can be revoked by a later recorded instrument (not by tearing it up).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.