Transfer-on-Death Deed

TRANSFER-ON-DEATH DEED — STATE OF HAWAII

Pursuant to HRS § 527-1 et seq. (Uniform Real Property Transfer on Death Act)

Table of Contents

1. Caption and Title
2. Transferor Information
3. Beneficiary Designation
4. Property Description
5. Transfer-on-Death Designation
6. Revocability
7. Effect on Existing Interests
8. Multiple Beneficiary Provisions
9. Signature and Notarization
10. Recording Information
11. Hawaii-Specific Notes
12. Sources and References

1. Caption and Title

PREPARED BY:
[________________________________]

AFTER RECORDING, RETURN TO:
[________________________________]
[________________________________]
[________________________________]

Tax Map Key (TMK): [________________________________]

TRANSFER-ON-DEATH DEED
(Hawaii Uniform Real Property Transfer on Death Act — HRS § 527-1 et seq.)

2. Transferor Information

THIS TRANSFER-ON-DEATH DEED is made on [__/__/____] by:

Transferor:

3. Beneficiary Designation

Designated Beneficiary(ies):

Primary Beneficiary:

Additional Beneficiary (if applicable):

Alternate/Contingent Beneficiary:

4. Property Description

The real property subject to this Transfer-on-Death Deed is located in the County of [________________________________], State of Hawaii, and described as follows:

Type of Property:
☐ Regular System (Bureau of Conveyances) property
☐ Land Court (Torrens) property — Transfer Certificate of Title No. [________________________________]

Legal Description:
[________________________________]
[________________________________]
[________________________________]

Street Address:
[________________________________], Hawaii [____]

Tax Map Key (TMK): [________________________________]

5. Transfer-on-Death Designation

The Transferor hereby designates that upon the Transferor's death, the above-described real property shall transfer to the Designated Beneficiary(ies) identified in Section 3, subject to the following:

1. Effective Date: This transfer becomes effective only upon the death of the Transferor. The Transferor retains full ownership, control, and all rights during lifetime.

2. Nontestamentary: This deed is nontestamentary and is not subject to the requirements for execution of a will under HRS Chapter 560, Article II.

3. No Present Interest: The Beneficiary(ies) acquire(s) no present interest during the Transferor's lifetime.

4. Capacity: The capacity required to make or revoke this deed is the same as the capacity to make a will (HRS §§ 527-6, 527-8).

5. Statutory Authority: This deed is executed pursuant to HRS § 527-1 et seq.

6. Revocability

THIS TRANSFER-ON-DEATH DEED IS REVOCABLE.

Pursuant to HRS § 527-8, the Transferor may revoke this deed at any time, even if the deed states otherwise. The Transferor's capacity to revoke is the same as the capacity required to execute a will.

The Transferor may revoke by:

☐ Recording an instrument of revocation
☐ Recording a new Transfer-on-Death Deed for the same property
☐ Recording an inter vivos deed that expressly revokes this TOD deed

Requirements:

• The revoking instrument must be acknowledged and recorded before the Transferor's death
• Revocation by will is not effective

7. Effect on Existing Interests

This Transfer-on-Death Deed does not affect:

• Any existing mortgage, lien, or encumbrance
• Any secured creditor's rights
• The Transferor's right to sell, mortgage, or dispose of the property
• Joint tenancy with right of survivorship (if the Transferor is survived by other joint tenants, the TOD deed has no effect — HRS § 527-1 et seq.)

The Beneficiary(ies) take(s) the property subject to all existing conveyances, encumbrances, mortgages, liens, and other interests at the Transferor's death.

8. Multiple Beneficiary Provisions

If multiple beneficiaries are designated:

☐ Tenants in Common: Beneficiaries take as tenants in common in the shares specified.
☐ Joint Tenants: Beneficiaries take as joint tenants with right of survivorship.

If a designated beneficiary predeceases the Transferor:
☐ The share passes to the alternate/contingent beneficiary.
☐ The share is divided among the surviving beneficiaries.
☐ The share lapses.

9. Signature and Notarization

TRANSFEROR'S SIGNATURE:

_____________________________________________
Signature of Transferor

Printed Name: [________________________________]
Date: [__/__/____]

ACKNOWLEDGMENT

STATE OF HAWAII
COUNTY OF [________________________________] )
) ss.

On this [____] day of [________________________________], [____], before me personally appeared [________________________________], to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged that he/she/they executed the same as his/her/their free act and deed.

_____________________________________________
Notary Public, State of Hawaii
My Commission Expires: [__/__/____]
Document Date: [__/__/____]
Notary Name (printed): [________________________________]
Notary Commission Number: [________________________________]

[NOTARY SEAL/STAMP]

10. Recording Information

RECORDING REQUIREMENTS:

For Regular System (Bureau of Conveyances) Property:
☐ Record the TOD deed at the Hawaii Bureau of Conveyances before the Transferor's death
☐ An unrecorded TOD deed is not effective

For Land Court (Torrens) Property:
☐ Record the TOD deed with the Land Court before the Transferor's death
☐ Upon the Transferor's death, a petition must be filed with the Land Court to obtain a new Transfer Certificate of Title in the beneficiary's name

Upon the Transferor's Death:

For Regular System property:
☐ Certified copy of the Transferor's death certificate — recorded at the Bureau of Conveyances
☐ Affidavit of survivorship

For Land Court property:
☐ Petition to the Land Court requesting issuance of a new Transfer Certificate of Title
☐ Certified copy of the Transferor's death certificate
☐ The Land Court will issue a new certificate of title in the beneficiary's name

11. Hawaii-Specific Notes

Dual Recording System

Hawaii maintains a dual recording system: the Bureau of Conveyances (regular system) and the Land Court (Torrens system). The post-death procedures differ depending on which system governs the property:

• Regular system: Record death certificate and affidavit at the Bureau of Conveyances
• Land Court: File a petition with the Land Court for a new Transfer Certificate of Title

Joint Tenancy

If the property is held in joint tenancy and the Transferor is survived by other joint tenants, the TOD deed has no effect. The right of survivorship among joint tenants takes precedence.

Capacity Standard

The capacity to execute or revoke a TOD deed is the same as the capacity to make a will under Hawaii law (HRS §§ 527-6, 527-8).

Homestead

Hawaii homestead protections and exemptions should be reviewed in connection with any TOD deed. Consult with counsel regarding the impact on the Transferor's homestead rights.

Medicaid Estate Recovery

Property transferred by TOD deed may be subject to Hawaii Medicaid estate recovery claims. The Hawaii Department of Human Services may seek reimbursement from property transferred by TOD deed. Transferors who have received or anticipate receiving Medicaid should consult an elder law attorney.

Hawaii Conveyance Tax

The Hawaii conveyance tax (HRS § 247-1) may apply to the transfer upon the Transferor's death. Consult with counsel regarding conveyance tax obligations.

Hawaii Counties

Hawaii has four counties (Honolulu, Maui, Hawaii, Kauai), but recording is centralized at the state-level Bureau of Conveyances and Land Court.

12. Sources and References

• HRS § 527-1 et seq. — Uniform Real Property Transfer on Death Act
• HRS § 527-5 — Transfer-on-Death Deed Requirements
• HRS § 527-6 — Capacity to Make TOD Deed
• HRS § 527-8 — Revocation of TOD Deed
• HRS Chapter 456 — Notaries Public
• HRS § 247-1 — Conveyance Tax
• Uniform Real Property Transfer on Death Act (Uniform Law Commission, 2009)

This template is provided for informational and educational purposes only and does not constitute legal advice. Consult a licensed Hawaii attorney before executing any transfer-on-death deed.