Will vs. TOD Deeds and POD Designations: What Hawaii Residents Need to Know

Short answer: Yes — a will that leaves everything to your daughter does not necessarily eliminate the need for transfer-on-death (TOD) deeds, payable-on-death (POD) designations, or beneficiary designations. Those nonprobate tools transfer specific assets outside probate and usually take priority over directions in a will. Which tools you need depends on the types of assets you own, how they are titled now, and your goals for avoiding probate, minimizing costs, and ensuring a smooth transfer.

Detailed answer (how this works under Hawaii law)

This answer assumes you want simple, practical guidance so you can decide whether to add TOD/POD designations to your estate plan.

How a will works in Hawaii

A will is a written instruction that tells the probate court who should receive your probate assets after you die. Probate is the court-supervised process for distributing assets titled in your name alone. If you leave all your property to your daughter in your will, that will control only property that passes through probate.

General information about probate in Hawaii is available from the Hawaii State Judiciary: https://www.courts.state.hi.us/self-help/probate. For the official Hawaii Revised Statutes (HRS), see the Legislature site: https://www.capitol.hawaii.gov/hrscurrent/.

What POD, TOD, and beneficiary designations do

POD (Payable-On-Death) — typically used for bank and brokerage accounts. You name a beneficiary; when you die the account passes directly to that beneficiary without probate (subject to the institution’s procedures).
TOD (Transfer-On-Death) for securities or for real property — many financial accounts and some states’ real property laws allow a transfer-on-death registration or deed that names a beneficiary to receive the asset at death without probate. Whether and how you can use a TOD deed for real property depends on state law and recording requirements.
Beneficiary designations — retirement accounts (IRAs, 401(k)s), life insurance, and some transfer-on-death registrations transfer by beneficiary designation, not by will.

Why a will alone may not be enough

Even if your will leaves everything to your daughter, many important assets will bypass the will unless you change their title or beneficiary designation. Common examples:

Bank accounts or brokerage accounts with a POD or beneficiary designation transfer directly outside probate.
Retirement accounts and life insurance policies pass to whoever is named as the account beneficiary, regardless of the will.
Jointly held property often passes to the surviving joint owner, not by will.
If you want real property to avoid probate, a recorded TOD deed (if available under Hawaii practice) or joint ownership may be necessary.

Which is better: Will alone or will + TOD/POD/beneficiaries?

Each method has advantages and trade-offs. Combining a will with targeted nonprobate transfers is common.

Use a will to control distribution of assets that you do not or cannot transfer by nonprobate means, and to name a personal representative for probate, and guardians for minor children.
Use POD/TOD/beneficiary designations to avoid probate for accounts and assets that allow these designations. This can speed transfer and lower costs.
Keep beneficiary designations up to date — if a beneficiary designation (e.g., on an IRA) names someone other than your daughter, that designation will control even if your will says otherwise.

Practical effects in Hawaii to watch for

Assets that bypass probate still may be subject to creditor claims against your estate. The timing and process for creditor claims differ from probate. Consult the Hawaii Judiciary resources above for local procedures.
TOD deeds or other instruments often have strict formalities and recording requirements. If a TOD deed is not executed and recorded correctly, it may be ineffective.
Taxes, mortgages, liens, and community property or tenancy rules can affect how smoothly a nonprobate transfer works. For example, an existing mortgage remains attached to real property even if a TOD deed transfers title at death.
Beneficiary designations override wills. If an IRA names your ex-spouse, that IRA will go to the ex-spouse regardless of what your will says, unless you change the designation.

Typical scenarios

Here are a few hypothetical examples to illustrate:

Savings account: If your bank account is titled in your name with a POD beneficiary naming your daughter, the account will pass directly to her at death without probate, even though your will leaves everything to her as well.
Retirement account: If your IRA names your daughter as beneficiary, she will receive the account as beneficiary-designated property. If it names no beneficiary (or names your estate), probate may be required unless another nonprobate route exists.
House with a will only: If your house is titled solely in your name and you only have a will, the house will likely pass through probate to your daughter under the will. If you want the house to transfer outside probate, you might consider a properly drafted and recorded TOD deed if available in Hawaii or another title arrangement.

Bottom line

If you want your daughter to receive assets quickly and without probate, you should review each asset and either (1) confirm the beneficiary/POD/TOD designation names your daughter, or (2) change the title or beneficiary so the asset will pass the way you intend. A will alone does not automatically move nonprobate assets or change beneficiary designations.

For general guidance about Hawaii probate and estate matters, consult these official resources:

Hawaii State Judiciary — Probate information: https://www.courts.state.hi.us/self-help/probate
Hawaii Revised Statutes (searchable): https://www.capitol.hawaii.gov/hrscurrent/

Reminder: Laws and procedures change. This article explains general principles and commonly available nonprobate tools; it is not a substitute for professional legal advice tailored to your facts.

Helpful Hints

Make an inventory of all assets and note current title and beneficiary designations (bank accounts, IRAs, 401(k)s, life insurance, brokerage accounts, real property, vehicles).
Confirm beneficiary designations — they control over a will. Update forms at financial institutions if you want your daughter to receive the asset.
Ask your bank or brokerage whether they offer POD or TOD registrations and how to complete them properly.
If you own real property and want it to avoid probate, ask whether Hawaii allows TOD deeds for real property and what the recording requirements are. Ensure any deed is prepared and recorded correctly.
Consider joint ownership with rights of survivorship only after understanding the risks (creditors, unintended co-owner access, tax consequences).
Keep copies of beneficiary forms, recorded deeds, and your will in a safe place and tell your daughter where to find them.
When in doubt, consult an attorney licensed in Hawaii for advice on how state law applies to your situation, especially if you have large assets, blended-family concerns, or out-of-state property.

Disclaimer: This article is educational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation under Hawaii law, consult a licensed attorney.