A Hawaii transfer on death deed lets you name someone to inherit your real property automatically when you die, without probate, as long as you sign, notarize, and record the deed before your death. The authority comes from Chapter 527 of the Hawaii Revised Statutes, the state’s Uniform Real Property Transfer on Death Act, which has been in effect since July 1, 2011.1Justia. Hawaii Code 527-3 – Applicability The mechanics are simple, but they are unforgiving. A deed that never makes it to the recorder’s office has no effect at all.
What the Deed Does While You Are Alive
A transfer on death deed (TODD) does nothing during your lifetime beyond sitting on record. It creates no legal or equitable interest in the person you name, and it does not restrict your right to sell the property, mortgage it, lease it, or give it away. You keep complete control. The beneficiary has no ownership rights until you die, so the beneficiary’s creditors cannot reach the property while you are alive, and the deed does not affect either your or the beneficiary’s eligibility for public assistance programs.2Justia. Hawaii Code 527-12 – Effect of Transfer on Death Deed During Transferors Life
You also do not have to tell the beneficiary. There is no notice requirement, no signature from the beneficiary, and no consideration. You can name someone who never learns about the deed until after you are gone.
What Makes a TODD Valid in Hawaii
Section 527-9 sets three conditions, and all three must be met.3Justia. Hawaii Code 527-9 – Requirements
- The deed must contain the same elements as a normal recordable deed: a clear property description, identification of the owner and the beneficiary, and the owner’s notarized signature.
- The deed must state expressly that the transfer takes effect at the owner’s death.
- The deed must be recorded before the owner dies.
Capacity to sign is measured by the same standard used for making a will, which means you must be at least 18 and of sound mind.4Justia. Hawaii Code 527-8 – Capacity of Transferor
The recording requirement is the one families most often discover too late. A signed and notarized TODD found in a drawer after the funeral, never filed, does nothing. There is no cure after death.
Where and How to Record
Hawaii runs two recording systems, and which one you use depends on how your property is registered. Most parcels use the Regular System at the Bureau of Conveyances. Land Court properties use a separate registration system handled by the assistant registrar.
Recording fees as of 2026:5Bureau of Conveyances. Recording Fees
- Regular System: $41 for a document up to 50 pages; $106 for 51 pages or more.
- Land Court: $36 for a document up to 50 pages; $101 for 51 pages or more.
A typical TODD runs a few pages, so most owners pay either $41 or $36.
Changing Your Mind
A TODD is always revocable, and no wording in the deed or any side agreement can lock it in.6Justia. Hawaii Code 527-6 – Transfer on Death Deed Revocable But revocation has to follow the statute. Three instruments will do the job:
- A later TODD that expressly revokes the earlier one or is inconsistent with it.
- A separate instrument of revocation that expressly revokes the earlier TODD in whole or in part.
- An inter vivos deed that expressly revokes the TODD.
Whichever route you choose, the new document has to be notarized after the original TODD was notarized, and it has to be recorded before you die.7FindLaw. Hawaii Code 527-11 – Revocation by Instrument Authorized; Revocation by Act Not Permitted
One warning. You cannot revoke a recorded TODD by tearing it up or burning it. The statute expressly rules out revocation by physical act.7FindLaw. Hawaii Code 527-11 – Revocation by Instrument Authorized; Revocation by Act Not Permitted This is not how wills work in many places, and people get caught by the difference. If the recorded deed is still on file when you die, the beneficiary still takes the property.
What Happens When You Die
At death, title passes to the named beneficiary outside probate. No court proceeding is needed to move ownership. For Land Court properties, though, the beneficiary must file a petition with the Land Court to finish the transfer on the register.8Justia. Hawaii Code 527-5 – Transfer on Death Deed Authorized That extra step adds time and cost compared with the Regular System.
Joint ownership beats a TODD. If you held the property with someone else who has a right of survivorship and that co-owner outlives you, the property goes to the surviving joint owner. The TODD beneficiary takes only if you were the last surviving joint owner.
A beneficiary who does not want the property can disclaim all or part of the interest under Hawaii’s Uniform Disclaimer of Property Interests Act in Chapter 526.9Justia. Hawaii Code 527-14 – Disclaimer That option matters when the property carries debts larger than its value, or when accepting it would create unwanted tax consequences.
Creditors and Taxes
A TODD does not put the property beyond the reach of your debts. If your probate estate cannot cover allowed creditor claims or statutory allowances for a surviving spouse or child, creditors can pursue the property that passed through the TODD. When more than one TODD is involved, liability is divided among the transferred properties in proportion to their net values at the time of death. Creditors have 18 months from the date of death to start a proceeding to enforce these claims.10FindLaw. Hawaii Code 527-15 – Liability for Creditor Claims and Statutory Allowances Mortgages, liens, and other encumbrances that run with the land are separate and follow the property regardless of that window.
On the tax side, signing and recording a TODD triggers nothing. At death, the transfer is exempt from Hawaii’s conveyance tax, because Section 247-3 excludes any document conforming to the Chapter 527 transfer on death deed.11Justia. Hawaii Code 247-3 – Exemptions The beneficiary also receives a stepped-up basis under 26 U.S.C. ยง 1014, meaning the cost basis becomes the property’s fair market value on the date of death rather than what the owner originally paid.12Office of the Law Revision Counsel. 26 USC 1014 – Basis of Property Acquired From a Decedent The IRS applies the same fair-market-value rule to inherited property generally.13Internal Revenue Service. Frequently Asked Questions on Gifts and Inheritances The property still counts in your estate for Hawaii and federal estate tax purposes, which matters only if the total value crosses the applicable exemption thresholds.
What a TODD Will Not Do
A TODD is a single-purpose tool. It moves one described piece of real property to a named beneficiary at death, and that is all. It does not cover bank accounts, vehicles, or personal property, which pass through their own mechanisms. It does not accept conditions or contingencies beyond identifying the beneficiary and triggering at death. If the beneficiary dies before you and you did not name an alternate, the TODD generally fails and the property drops back into the probate estate, defeating the reason you signed the deed in the first place. For most owners it works best as one part of a broader plan, not the whole plan.