Deed Transferring Real Property into Living Trust - Hawaii

LAND COURT ☐    REGULAR SYSTEM ☐

Return by Mail to:
[____________________________________]
[____________________________________]
[____________________________________]

This instrument prepared by:
[____________________________________]
[____________________________________]
[____________________________________]

Tax Map Key (TMK) No(s).: [____________]

Land Court Certificate of Title No. (if registered land): [____________]

Mail future real property tax statements to: [____________________________________]

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S / ASSISTANT REGISTRAR'S USE

WARRANTY / QUITCLAIM DEED — TO REVOCABLE LIVING TRUST

State of Hawaii

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [an unmarried person / a married person / husband and wife / spouses], whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[TRUSTEE FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and any successor trustee then serving under that trust instrument and any amendments to it, whose mailing address is [____________________________________] ("Grantee" or the "Trustee").

The Property is conveyed to the Trustee to be held, administered, and distributed according to the terms of the [TRUST NAME] dated [__/__/____] (the "Trust"). Title vests in the Trustee in trust and in any successor trustee without the necessity of any further conveyance, in accordance with the powers granted to the Trustee under the Trust and under the Hawaii Uniform Trust Code, HRS § 554D-101 et seq.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, with no change in beneficial ownership of the Property. The consideration is nominal — One and No/100 Dollars ($1.00) and other good and valuable consideration — the Grantor being the settlor and a beneficiary of the Trust during the Grantor's lifetime. The total actual and full consideration is $100 or less.

4. GRANTING CLAUSE

KNOW ALL PERSONS BY THESE PRESENTS, that the Grantor, for and in consideration of the sum stated above, the receipt and sufficiency of which are acknowledged, does hereby GRANT, BARGAIN, SELL, and CONVEY [/ REMISE, RELEASE, and QUITCLAIM] unto the Grantee, as Trustee as aforesaid, and to the Grantee's successors in trust and assigns, all of the Grantor's right, title, and interest in and to the following described real property (the "Property"):

Property commonly known as: [STREET ADDRESS, CITY, ISLAND, HAWAII, ZIP]

Tax Map Key (TMK): [____________]

System: ☐ Regular System    ☐ Land Court (registered land — Certificate of Title No. [____________])

Legal Description: See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD the Property, together with all improvements, rights, easements, and appurtenances belonging to it, unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns forever.

5. SUBJECT TO

This conveyance is made subject to:

(a) Real property taxes and assessments for the current and subsequent years, not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, subdivision, shoreline, building, land-use, and environmental laws and regulations; and
(d) Any mortgage or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; HOMESTEAD / EXEMPTION CONTINUITY; TITLE INSURANCE

6.1 Estate-planning purpose. The sole purpose of this conveyance is to fund the Grantor's revocable living trust so that the Property may pass on the Grantor's death under the terms of the Trust without probate administration, and so the Property may be managed during any incapacity of the Grantor. The Grantor reserves all rights to amend or revoke the Trust and to direct the Trustee to reconvey the Property to the Grantor at any time.

6.2 Homeowner / real property tax exemption. The parties intend that any home exemption, real property tax exemption, or assessment classification applicable to the Property continue uninterrupted following this conveyance. Because the Grantor remains the beneficial owner and a beneficiary of the Trust, the Grantor should confirm with the applicable county Real Property Tax (Assessment) Division that the home exemption is preserved after re-titling into the Trust, and re-file any required claim.

6.3 Title insurance. Re-titling into a trust can affect an existing owner's title insurance policy. The Grantor should request an endorsement naming the Trustee as an insured, or confirm coverage continuity, with the title insurer before recording.

7. CONVEYANCE-TAX EXEMPTION AND GARN-ST GERMAIN RECITALS

7.1 Hawaii conveyance-tax exemption (HRS § 247-3(14)). This conveyance is EXEMPT from the Hawaii conveyance tax because it is a "document or instrument conveying real property from a grantor to the grantor's revocable living trust" under HRS § 247-3(14). The exemption is claimed by completing Form P-64B (Exemption from Conveyance Tax) and clipping it to the deed for filing with the Bureau of Conveyances; no conveyance tax is due and Form P-64A is not used for a qualifying trust-funding transfer. Under HRS § 247-6 and Haw. Code R. § 18-247-6, no document for which a certificate is required may be accepted for recordation or filing unless the certificate has been duly filed.

7.2 Limited due-on-sale protection (Garn-St Germain Act). If the Property is residential real property containing fewer than five dwelling units and secures a real property loan, 12 U.S.C. § 1701j-3(d)(8) bars the lender from exercising a due-on-sale clause for a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and that does not transfer occupancy rights. Confirm every element before relying on the exemption. The borrower remains personally liable on any existing note.

8. EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this Deed on [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE / CO-GRANTOR FULL LEGAL NAME] (if applicable)

9. NOTARY ACKNOWLEDGMENT (Hawaii — Individual)

On this ____ day of ______________, 20____, before me personally appeared [GRANTOR FULL LEGAL NAME] [and [SPOUSE / CO-GRANTOR FULL LEGAL NAME]], to me personally known (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed.

This notarial certificate is attached to a document titled "Warranty / Quitclaim Deed — To Revocable Living Trust," dated [__/__/____], containing ____ pages, in the [First / ____] Judicial Circuit, State of Hawaii.

____________________________________
Notary Public, State of Hawaii
Printed Name: ______________________
My commission expires: ______________

(Affix notarial seal / stamp)

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Determine the system. Confirm whether the Property is Regular System land or Land Court (Torrens) registered land (check the existing vesting deed / certificate of title). The filing office differs: Regular System records with the Bureau of Conveyances (HRS ch. 502); registered land is filed with the Assistant Registrar of the Land Court (HRS ch. 501). Both offices are part of the State of Hawaii Bureau of Conveyances in Honolulu.
2. Complete Form P-64B. Complete Form P-64B (Exemption from Conveyance Tax), claim the trust exemption (HRS § 247-3(14)), have it signed, and clip (do not staple) it to the deed. No conveyance tax payment accompanies a qualifying P-64B trust exemption.
3. Acknowledgment. Ensure the deed is properly acknowledged before a Hawaii notary with a complete notarial certificate (date, page count, document title).
4. Recording fees. Pay the per-document recording fee charged by the Bureau of Conveyances; fees differ by system and page count.
5. Update collateral records. After recording, (a) obtain written instructions from the property/casualty insurer on how the owner, Trustee, Trust, and lender should appear on the policy; (b) confirm the county home exemption with the Real Property Tax Division; (c) provide a recorded copy and a Certification of Trust (HRS § 554D-1013) to the title company; and (d) record before, not after, any closing on a sale or refinance.
6. Transfer-on-death deed alternative. Hawaii also recognizes a statutory transfer-on-death deed (HRS ch. 527); funding a revocable living trust by recorded deed is a separate, broader non-probate mechanism that also addresses incapacity management.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED OR LAND COURT CERTIFICATE OF TITLE — metes-and-bounds with reference to maps/surveys, or lot/parcel with subdivision and file plan, or Land Court lot and map number. State whether it is a Land Court lot or a Regular System lot. Include the Tax Map Key (TMK). Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• Haw. Rev. Stat. § 502-31 et seq. — recording of conveyances; Bureau of Conveyances (Regular System).
• Haw. Rev. Stat. § 501-101 et seq. — registration of land; Land Court (Torrens); filing with the Assistant Registrar.
• Haw. Rev. Stat. § 502-41 / § 502-42 — acknowledgment of conveyances; requirements for recordation.
• Haw. Rev. Stat. ch. 247 — Conveyance Tax; § 247-1 (imposition); § 247-2 (rate / actual and full consideration); § 247-3(14) (exemption — grantor to grantor's revocable living trust).
• Haw. Rev. Stat. § 247-6; Haw. Code R. § 18-247-6 — certificate of conveyance / exemption; Forms P-64A (tax certificate) and P-64B (exemption from conveyance tax).
• Haw. Rev. Stat. § 554D-101 et seq. — Hawaii Uniform Trust Code; § 554D-1013 (certification of trust).
• 12 U.S.C. § 1701j-3(d)(8) — qualifying residential inter vivos trust transfer
• Hawaii Department of Taxation, Form P-64B (Exemption from Conveyance Tax) (files.hawaii.gov/tax/forms/current/p64b.pdf).
• State of Hawaii Bureau of Conveyances (recording: Regular System and Land Court).

This document is provided for informational purposes only and does not constitute legal advice. Confirm the Regular System vs. Land Court filing and complete Form P-64B for the conveyance-tax exemption; consult a licensed Hawaii attorney before executing or recording this deed.