Personal Representative's Deed (Executor's / Administrator's Deed) - Hawaii

IMPORTANT LEGAL NOTICE
This Personal Representative's Deed is a fiduciary conveyance executed by the personal representative (executor or administrator) of a decedent's estate. It provides only a LIMITED (special) warranty — the Grantor warrants only against title defects arising during the Grantor's administration of the estate. Hawaii maintains two separate recording systems (Land Court and Regular System) — verify which system applies before recording. Obtain title insurance for complete protection.

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

State of Hawaii

RECORDING INFORMATION

[3.5" TOP MARGIN REQUIRED - LEAVE SPACE ABOVE THIS LINE]

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

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

After Recording Return To:

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

Prepared By:

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

PROPERTY INFORMATION

HAWAII CONVEYANCE TAX

Conveyance Tax Rates (HRS 247-2)

General Rate — applies to all conveyances EXCEPT condominium/single-family-residence sales where the purchaser is ineligible for the county homeowner's exemption (includes sales where the purchaser IS eligible for the exemption):
| Consideration | Tax Rate |
|--------------|----------|
| Less than $600,000 | $0.10 per $100 |
| $600,000 - $999,999 | $0.20 per $100 |
| $1,000,000 - $1,999,999 | $0.30 per $100 |
| $2,000,000 - $3,999,999 | $0.50 per $100 |
| $4,000,000 - $5,999,999 | $0.70 per $100 |
| $6,000,000 - $9,999,999 | $0.90 per $100 |
| $10,000,000 or more | $1.00 per $100 |

Higher Rate — condominium or single-family-residence sales ONLY, where the purchaser is INELIGIBLE for the county homeowner's exemption on property tax:
| Consideration | Tax Rate |
|--------------|----------|
| Less than $600,000 | $0.15 per $100 |
| $600,000 - $999,999 | $0.25 per $100 |
| $1,000,000 - $1,999,999 | $0.40 per $100 |
| $2,000,000 - $3,999,999 | $0.60 per $100 |
| $4,000,000 - $5,999,999 | $0.85 per $100 |
| $6,000,000 - $9,999,999 | $1.10 per $100 |
| $10,000,000 or more | $1.25 per $100 |

Required Tax Forms

☐ Form P-64A - Conveyance Tax Certificate (taxable transfers)
☐ Form P-64B - Exemption Certificate (exempt transfers)

PARTIES

GRANTOR (Personal Representative):

Name of Personal Representative: [NAME], acting solely in the representative capacity as

☐ Executor / Personal Representative under the will of the Decedent
☐ Administrator / Personal Representative of the intestate estate of the Decedent

of the ESTATE OF [DECEDENT FULL LEGAL NAME], DECEASED (the "Decedent")

Court: Circuit Court of the _________ Circuit, State of Hawaii
☐ Formal proceeding ☐ Informal proceeding (Registrar)

Estate / Case No.: [CASE NO.]

Letters / Appointment issued: [__/__/____]

Grantor's Mailing Address: [FULL ADDRESS]

GRANTEE (Buyer / Distributee):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Manner of Holding Title (HRS 509-1):
☐ As a single person in severalty
☐ As tenants in common (default for 2+ persons unless stated otherwise)
☐ As joint tenants with right of survivorship (must be expressly stated)
☐ As tenants by the entirety (married couples, must be expressly stated)
☐ As a Hawaii limited liability company
☐ As Trustee of [Trust Name] dated [DATE]

NOTE: Per HRS 509-1, an estate conveyed to two or more persons is deemed a tenancy in common unless the deed expressly states otherwise.

AUTHORITY OF PERSONAL REPRESENTATIVE

Source of Authority (HRS 560:3-711, 560:3-715)

The Personal Representative is authorized to execute and deliver this deed by virtue of (check all that apply):

☐ General fiduciary power over title under HRS 560:3-711, which provides that, until termination of appointment, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust for the benefit of creditors and others interested in the estate, exercisable without notice, hearing, or order of court;

☐ Transactional authority under HRS 560:3-715(6), authorizing the personal representative, acting reasonably for the benefit of the interested persons, to acquire or dispose of an asset, including land, for cash or on credit, at public or private sale;

☐ Power of sale granted in the Decedent's will, admitted to probate in the above-named Court;

☐ Order of the Circuit Court entered in a formal proceeding dated [__/__/____].

CONVEYANCE

Granting Clause

KNOW ALL PERSONS BY THESE PRESENTS:

That [PERSONAL REPRESENTATIVE NAME], solely as Personal Representative of the Estate of [DECEDENT NAME], Deceased, and not individually ("Grantor"), for and in consideration of the sum of [WRITTEN AMOUNT] DOLLARS ($[NUMERIC]), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby GRANT, BARGAIN, SELL, AND CONVEY WITH SPECIAL WARRANTY unto [GRANTEE NAME] ("Grantee"), whose address is [GRANTEE ADDRESS], all of that certain parcel of land situate at [AHUPUAA], District of [DISTRICT], Island and County of [COUNTY], State of Hawaii, and more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), being all of the right, title, and interest of the Decedent and of the Decedent's estate therein.

Property Conveyed

TOGETHER with all rights, easements, privileges, and appurtenances thereunto belonging, including:

☐ All improvements, buildings, structures, and fixtures
☐ All easements and rights-of-way appurtenant to the Property
☐ All rights in streets and ways adjoining the Property
☐ All kuleana rights (if applicable)

Habendum Clause

TO HAVE AND TO HOLD the same unto the said Grantee, and to Grantee's heirs, successors, and assigns forever.

LIMITED FIDUCIARY WARRANTY

Special Warranty

AND the said Grantor, in such representative capacity, does hereby covenant with the said Grantee that the Grantor has not, during the Grantor's administration of the estate, done or suffered anything whereby the Property is encumbered, except as herein set forth; and that the Grantor will WARRANT AND DEFEND the same to the Grantee against the lawful claims and demands of all persons claiming by, through, or under the Grantor in such representative capacity, but not otherwise.

Scope of Special Warranty; No Personal Liability

THIS IS A PERSONAL REPRESENTATIVE'S DEED conveying with a LIMITED (SPECIAL) WARRANTY only. Grantor executes this deed solely in a fiduciary capacity. Grantor does NOT warrant against:

☐ Title defects existing before the Decedent acquired the Property
☐ Liens or encumbrances created by prior owners or by the Decedent
☐ Claims by parties not claiming through the Grantor in such representative capacity
☐ Any defects not caused by acts or omissions of the Grantor during administration

The covenants herein bind the estate but do not bind the Personal Representative personally.

EXCEPTIONS TO WARRANTY

This conveyance is made and accepted SUBJECT TO:

☐ Real property taxes not yet due and payable
☐ Reservations in favor of the State of Hawaii
☐ Encroachments, overlaps, and other matters disclosed by survey
☐ Easements, covenants, conditions, and restrictions of record
☐ Rights of tenants in possession

Specific Exceptions

1. [SPECIFIC EXCEPTION] — Recorded as Document No. _____________, Bureau of Conveyances
2. [SPECIFIC EXCEPTION] — Recorded as Document No. _____________, Bureau of Conveyances

☐ See Exhibit B for additional exceptions

GRANTOR REPRESENTATIONS

Authority

☐ Grantor is the duly appointed and acting personal representative of the estate, and the appointment has not terminated
☐ This conveyance is within the powers conferred by HRS 560:3-711 and 560:3-715 and is not restricted by the will or by any order in a formal proceeding

HARPTA / FIRPTA Compliance

☐ The estate/Grantor is not a "nonresident person" under HRS 235-68 (HARPTA)
☐ HARPTA withholding applies
☐ The estate/Grantor is not a "foreign person" under 26 U.S.C. Section 1445 (FIRPTA)
☐ FIRPTA withholding applies

EXECUTION

IN WITNESS WHEREOF, the Grantor, in the representative capacity stated above and not individually, has executed this deed as of the _____ day of _________________, 20_____.

ESTATE OF [DECEDENT NAME], DECEASED

By: ____________________________________
[PERSONAL REPRESENTATIVE NAME]
Its: ☐ Executor / Personal Representative
     ☐ Administrator / Personal Representative

ACKNOWLEDGMENT (REPRESENTATIVE CAPACITY)

Fiduciary Acknowledgment (Hawaii - HRS 502-42)

STATE OF HAWAII          )
                         ) SS.
COUNTY OF ______________ )

On this _____ day of _________________, 20_____, before me personally
appeared ____________________________________________, to me known to
be the person described in and who executed the foregoing instrument as
the Personal Representative (☐ Executor ☐ Administrator) of the Estate
of ____________________________________, Deceased, and acknowledged
that he/she executed the same in such representative capacity as his/her
free act and deed and the free act and deed of said estate.

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

Document Date: _________________________
Number of Pages: _______________________
Doc. Description: Personal Representative's Deed
Jurisdiction: Circuit: _____ / State: Hawaii
Signature of Notary: ___________________
Date of Notarization: __________________

(NOTARY STAMP/SEAL REQUIRED)

[NOTARY SEAL]

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 all of the land described in and acquired by the Decedent by [DEED/INSTRUMENT] recorded in the Bureau of Conveyances of the State of Hawaii 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. _____________.

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

1. ________________________________________________________________
   (Document No. _____________)

2. ________________________________________________________________
   (Document No. _____________)

HAWAII RECORDING REQUIREMENTS

Bureau of Conveyances

All documents are recorded at the State of Hawaii Bureau of Conveyances in Honolulu.

Recording Systems

• Regular System - Traditional grantor/grantee index recording
• Land Court (Torrens) System - Certificate of title system

IMPORTANT: Check the prior deed label location to determine the system:

• Upper LEFT corner = Land Court System
• Upper RIGHT corner = Regular System
• Both corners = Dual System

Recording Fees

• Land Court System: $36.00 (up to 50 pages); $101.00 (over 50 pages)
• Regular System: $41.00 (up to 50 pages); $106.00 (over 50 pages)

Document and Filing Checklist

☐ 3.5" top margin on first page REQUIRED
☐ Signed by the Personal Representative in representative capacity
☐ Acknowledgment in form per HRS 502-42 or 502-45
☐ Notarial certificate includes every item required by HRS 456-21
☐ Conveyance Tax Certificate (Form P-64A or P-64B)
☐ TMK number included
☐ Grantee's mailing address included

Probate / Estate Considerations

• A personal representative has the same power over estate property that an absolute owner would have (HRS 560:3-711) and may dispose of land at public or private sale (HRS 560:3-715(6)), without court order in informal/unsupervised administration (HRS 560:3-704), unless restricted by the will or by an order in a formal proceeding.
• Title examiners ordinarily require evidence of the appointment (Letters) and, in Land Court, may require an order; confirm Land Court office requirements before recording.

Statutory References

• HRS 560:3-711 - Powers of personal representatives; in general
• HRS 560:3-715 - Transactions authorized for personal representatives
• HRS 560:3-704 - Personal representative to proceed without court order
• HRS 502-41 - Certificate-of-acknowledgment forms for recordability
• HRS 502-42 - Form of acknowledgment
• HRS 456-21 - Required contents of notary certification statement
• HRS 509-1 - Manner of holding title
• HRS 247-1 et seq. - Conveyance tax

TITLE INSURANCE NOTICE

IMPORTANT: Because this is a Personal Representative's Deed conveying with a LIMITED warranty, the Grantee is STRONGLY ADVISED to obtain an owner's policy of title insurance from a licensed title insurance company. Title insurance will protect against defects from prior owners and the Decedent that are not covered by this deed's limited fiduciary warranty.

☐ Grantee acknowledges receipt of this recommendation

END OF PERSONAL REPRESENTATIVE'S DEED

Hawaii Revised Statutes Title 30A (Uniform Probate Code); Title 28 (Conveyances)