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Transfer on Death Deed Laws in Hawaii

Hawaii allows transfer on death deeds under its Uniform Real Property Transfer on Death Act, and the deed must be recorded or filed before the owner's death.

Last checked . General information, not legal advice.

Hawaii at a glance

TOD deed allowed
Yes
Uniform act adopted
Yes
HRS chapter 527, enacted in 2011.
Recording rule
Before the owner's death
Must be recorded with the Bureau of Conveyances or filed with the Land Court assistant registrar, as applicable.

Sources

Last checked

The rules in Hawaii

Does Hawaii allow transfer on death deeds for real estate?

Yes. TOD deed allowed in Hawaii: yes.

Has Hawaii adopted the Uniform Real Property Transfer on Death Act?

Yes. Uniform act adopted in Hawaii: yes. HRS chapter 527, enacted in 2011.

When must a transfer on death deed be recorded in Hawaii?

Recording rule in Hawaii: Before the owner's death. Must be recorded with the Bureau of Conveyances or filed with the Land Court assistant registrar, as applicable.

Where do the Hawaii transfer on death deed laws come from?

The rules above come from Haw. Rev. Stat. 527-1 and Haw. Rev. Stat. 527-9. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.