Hawaii Transfer-on-Death Deed

At a glance

How the deed works

Hawaii has adopted the Uniform Real Property Transfer on Death Act as Haw. Rev. Stat. chapter 527. Under HRS § 527-5, an individual may transfer real property, effective at death, to one or more beneficiaries by a transfer on death deed; the deed is revocable even if it or another instrument says otherwise (HRS § 527-6).

A Hawaii transfer on death deed must contain the essential elements of a recordable deed, state that the transfer to the designated beneficiary occurs at the transferor's death, and be recorded before the transferor's death in the office where deeds are recorded for the county in which the property is located (HRS § 527-9). The transferor must have capacity to make a will. The beneficiary's signature, consent, or notice is not required during the transferor's life, and no consideration is required.

A special Hawaii wrinkle: for property (or any portion) registered in the Land Court, effecting the transfer is subject to the Land Court's requirements, including submitting a petition — so land-court-registered property involves an extra step beyond ordinary recording. This should be handled with an attorney licensed in Hawaii.

Recording & execution requirements

A transfer-on-death deed only works if it is executed and recorded correctly. In Hawaii:

• Recording before death: Must be recorded before the owner's death.
• Governing statute: Haw. Rev. Stat. ch. 527 HRS ch. 527 — Uniform Real Property Transfer on Death Act · adopted 2011 (URPTODA).

Changing or revoking the deed

The deed is revocable during the transferor's life (HRS § 527-6 and § 527-11). The owner may revoke by recording, before death, either a later transfer on death deed that revokes the prior one (expressly or by inconsistency) or an instrument of revocation, in the same office where the original was recorded.

A transfer on death deed cannot be revoked by will. During the transferor's life the deed creates no present interest in the beneficiary and does not affect the transferor's ownership, creditors' rights, or (per the statute) eligibility for public assistance.

Mortgages, Medicaid & community property

Existing mortgages and liens

A beneficiary who takes Hawaii real property under a transfer on death deed takes it subject to any mortgages, liens, and other encumbrances in effect at the transferor's death (HRS ch. 527 preserves the deed's effect as passing the property subject to existing interests). The deed does not discharge secured debts.

Medicaid estate recovery

Because a Hawaii TOD deed leaves the owner as full owner during life and HRS ch. 527 states the deed does not affect eligibility for public assistance, creating one is not itself a transfer of the property; however, Medicaid estate recovery after death is a serious, fact-specific issue. Confirm any plan with the Hawaii Department of Human services / Med-QUEST Division and an attorney or elder-law professional licensed in Hawaii; this record does not assert a specific post-death recovery scope.

Community property

Hawaii is a common-law (separate-property) state. Hawaii is a common-law (non-community-property) state, so there is no community-property survivorship regime to reconcile with a TOD deed. Married owners should instead consider how they hold title (for example, tenancy by the entirety) and coordinate a TOD deed with any survivorship form of ownership, since a survivorship co-owner's interest generally takes precedence over a beneficiary designation.

State-specific quirks

Where to read next

• Hawaii estate & inheritance tax — whether Hawaii taxes what you leave behind, and the small-estate probate ceiling, each figure cited to the statute.
• The Executor & Heir’s Guide — the probate deadlines for Hawaii, cited to the controlling statute.
• Funding a revocable trust — a common way to keep many kinds of property out of probate.
• ← Back to the transfer-on-death deed comparison

Sources & methodology