Affidavit of Surviving Joint Tenant - Hawaii

IMPORTANT LEGAL NOTICE
This Affidavit of Surviving Joint Tenant is a sworn instrument used to clear title after the death of one joint tenant or tenant by the entirety, establishing that title passed by right of survivorship. Hawaii maintains two separate recording systems (Regular System and Land Court). Verify which system applies to the property before recording, and confirm whether title was held as joint tenants or as tenants by the entirety. Obtain title insurance for complete protection.

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Hawaii

RECORDING INFORMATION

Final recording layout (HRS § 502-31(e)): Reserve the top 3.5 inches of the first page for recording information and the next inch for return information.

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Tax Map Key (TMK): () -_-___:___

Recording System:
☐ Regular System
☐ Land Court System (TCT No. _______________)
☐ Dual System

Prepared By:

Name: ________________________________________
Address: _____________________________________
Hawaii Bar No. (if attorney): _________________

PROPERTY / DOCUMENT INFORMATION

AFFIANT IDENTIFICATION

STATE OF HAWAII          )
                         ) SS.
COUNTY OF ______________ )

[AFFIANT FULL LEGAL NAME] ("Affiant"), whose mailing address is [AFFIANT ADDRESS], being first duly sworn on oath, deposes and states upon personal knowledge as follows:

1. Competency and Personal Knowledge. Affiant is over the age of eighteen (18) years, is competent to testify, is under no legal disability, and has personal knowledge of the facts stated in this Affidavit. This Affidavit is made for the purpose of establishing that title to the real property described in Exhibit A has vested in the surviving owner(s) by right of survivorship.

SWORN RECITALS

2. Decedent. [DECEDENT FULL LEGAL NAME] ("Decedent") died on the _____ day of _________________, 20_____, at [PLACE OF DEATH — City, Island/County, State]. At the time of death, Decedent was a record owner of the real property described in Exhibit A attached hereto (the "Property"). A certified copy of Decedent's certificate of death is attached hereto and recorded herewith.

3. Vesting Deed. Title to the Property was conveyed to Decedent and Affiant (and ____________________, if applicable) by that certain [GRANTING INSTRUMENT — e.g., Warranty Deed / Quitclaim Deed] dated the _____ day of _________________, 20_____, and recorded:

☐ In the Bureau of Conveyances of the State of Hawaii (Regular System) as Document No. _____________; or

☐ In the Office of the Assistant Registrar of the Land Court of the State of Hawaii (Land Court System) as Document No. _____________, noted on Transfer Certificate of Title No. _____________

(the "Vesting Deed"). The Vesting Deed expressly conveyed title to the grantees, and the tenor of the instrument manifestly indicated their intention to hold:

☐ as joint tenants (with right of survivorship), per HRS § 509-2; or

☐ as tenants by the entirety (Decedent and Affiant being spouses, partners in a Hawaii civil union, or registered reciprocal beneficiaries), under HRS §§ 509-2 and 572B-9.

4. Legal Description and TMK. The Property is more particularly described in Exhibit A attached hereto and incorporated herein by reference.

• Property Address: _____________________________________________
• Tax Map Key (TMK): () -_-___:___

5. Affiant Is the Surviving Owner. Affiant is the same person named as a surviving joint tenant (or surviving spouse, civil union partner, or reciprocal beneficiary holding as tenant by the entirety) in the Vesting Deed. The survivorship estate created by the Vesting Deed was never severed, partitioned, or terminated by any recorded instrument, divorce, annulment, dissolution of a civil union, or termination of a reciprocal beneficiary relationship prior to Decedent's death, and remained in full force and effect as of the date of Decedent's death.

6. Vesting by Right of Survivorship. Upon the death of Decedent, by operation of the right of survivorship attaching to the estate created under HRS § 509-2, Decedent's interest in the Property terminated and full title to the Property vested in the surviving owner(s):

☐ [AFFIANT NAME], as sole surviving joint tenant / surviving tenant by the entirety, who now owns the Property in fee simple; or

☐ [AFFIANT NAME] and ____________________, as surviving joint tenants with right of survivorship.

Decedent's interest in the Property did not pass through Decedent's estate, is not subject to probate or administration, and forms no part of any intestate or testate distribution.

7. Estate Tax, Inheritance, and Liens. As of the date hereof, to the best of Affiant's knowledge and belief:

☐ The Property is not subject to any unpaid Hawaii estate tax (HRS Chapter 236E) or any inheritance tax.

☐ Any federal estate tax that may be due has been or will be paid, and no federal estate tax lien (26 U.S.C. § 6324) encumbers the Property except as noted below.

☐ There are no unpaid liens, judgments, or unsatisfied encumbrances against Decedent or the Property arising by, through, or under Decedent, except:

________________________________________________________________
________________________________________________________________

8. Statutory Basis and Request to Record. This Affidavit is made pursuant to HRS § 509-2 and the recording provisions of HRS Chapter 502 (Regular System) and/or HRS Chapter 501 (Land Court), for the purpose of establishing of record that title to the Property has vested in the surviving owner(s) by right of survivorship. Affiant requests that this Affidavit, together with the attached certified death certificate, be recorded and/or registered to clear title to the Property.

9. Reliance. Affiant makes this Affidavit knowing that the Bureau of Conveyances, the Land Court, title examiners, title insurers, purchasers, and lenders will rely upon the statements herein in determining the state of title to the Property.

VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NAUGHT.

I declare under penalty of perjury under the laws of the State of Hawaii that the foregoing is true and correct.

________________________________________
[AFFIANT NAME], Affiant

Date: _________________________

Jurat for the sworn affidavit

STATE OF HAWAII          )
                         ) SS.
COUNTY OF ______________ )

Subscribed and sworn to (or affirmed) before me on this _____ day of
_________________, 20_____, by ___________________________________,
proved to me on the basis of satisfactory evidence to be the person who
appeared before me.

________________________________________
Notary Public, State of Hawaii
My Commission Expires: _________________
Print Name: ____________________________

Document Date: _________________________
Number of Pages: _______________________
Doc. Description: Affidavit of Surviving Joint Tenant
Jurisdiction: Circuit: _____ / State: Hawaii
Signature of Notary: ___________________
Date of Notarization: __________________

(NOTARY STAMP/SEAL REQUIRED)

[NOTARY SEAL]

Acknowledgment for recording (HRS §§ 502-41 and 502-42)

State of Hawaii, County of [____________________]. On [__/__/____], before me personally appeared [AFFIANT FULL LEGAL NAME], identified by ☐ personal knowledge ☐ satisfactory evidence of identity: [____________________], and acknowledged executing the foregoing instrument.

Notary signature: [____________________] Date of notarization: [__/__/____]

Printed notary name: [____________________] Commission expiration: [__/__/____]

Jurisdiction of notarial act: [____________________], Hawaii. Notary stamp or seal: [AFFIX HERE].

EXHIBIT A — LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], Hawaii [ZIP]

Tax Map Key (TMK): () -_-___:___

Recording System: ☐ Regular System ☐ Land Court (TCT No. _______)

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

For Regular System Property:
All of that certain parcel of land situate at [AHUPUAA], District of [DISTRICT], Island and County of [COUNTY], State of Hawaii, described as follows:

[METES AND BOUNDS or LOT DESCRIPTION]

Being the same land conveyed to Decedent and Affiant by the Vesting Deed recorded in the Bureau of Conveyances as Document No. _____________.

For Land Court Property:
All of that certain parcel of land situate at [AHUPUAA], District of [DISTRICT], Island and County of [COUNTY], State of Hawaii, being Lot _____ as shown on Map _____, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Transfer Certificate of Title No. _____________.

ATTACHMENT — CERTIFIED DEATH CERTIFICATE

☐ A certified copy of the certificate of death of [DECEDENT NAME] is attached hereto and recorded/registered herewith.

NOTE: A certified copy of the decedent's death certificate is customarily required and is recorded together with this Affidavit so that the survivorship vesting appears of record (Regular System) or is noted by the Assistant Registrar on the Transfer Certificate of Title (Land Court).

HAWAII RECORDING REQUIREMENTS

• Bureau of Conveyances: All documents are recorded at the State of Hawaii Bureau of Conveyances in Honolulu.
• Two systems: Regular System (grantor/grantee index) vs. Land Court (Torrens / certificate of title). Check the prior deed label: upper LEFT corner = Land Court; upper RIGHT corner = Regular System; both = Dual System.
• Recording space: HRS § 502-31(e) reserves the top 3.5 inches of the first page for recording information and the following inch for return information.
• Acknowledgment and jurat: Use a sworn jurat for the affidavit and a separate acknowledgment for recording under HRS §§ 502-41 and 502-42.
• TMK number and return address required.
• For Land Court property, the Assistant Registrar will note the survivorship and may issue a new Transfer Certificate of Title in the surviving owner(s)' name.

Statutory References

• HRS § 502-31(e) — first-page recording and return-information space
• HRS § 509-1 — creation of estates; tenancy in common presumption
• HRS § 509-2 — joint tenancy, tenancy by the entirety, tenancy in common
• HRS § 572B-9 — civil union partners have the same state-law rights as married couples
• HRS § 502-41 — acknowledgment required for recordable instruments
• HRS § 502-42 — acknowledgments
• HRS § 502-83 — effect of recording (Regular System)
• HRS Chapter 501 — registered land (Land Court)