Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Hawaii for advice on your specific situation.
Detailed Answer
1. Type of Deed
When heirs inherit real property in Hawaii through probate, they typically convey their interests using one of the following deeds:
- Executor’s Deed – Used when a decedent left a valid will and an executor was appointed by the probate court under Hawaii Revised Statutes §560:2-701. The executor signs this deed to transfer title.
- Administrator’s Deed – Used when there is no valid will (intestate succession) and the court appoints an administrator under Hawaii Revised Statutes §560:2-803. The administrator signs to convey the decedent’s interest.
- Small Estate Affidavit and Conveyance – If the estate qualifies as a “small estate” under Hawaii Revised Statutes §560:3-504 (aggregate personal property not exceeding $100,000 and no real property exceeding that value), heirs may use a simplified affidavit process to convey personal property. Note: Hawaii does not allow small-affidavit transfers for real property—probate is generally required for any real estate.
2. Execution Requirements
Under HRS §502-1, any deed transferring real property in Hawaii must:
- Be in writing and signed by the grantor (executor or administrator).
- Contain a sufficient legal description (e.g., Tax Map Key).
- Be acknowledged before a notary public or other authorized officer.
Executors and administrators derive their authority from court-issued Letters Testamentary or Letters of Administration. A certified copy of these letters must accompany the deed to show authority to convey.
3. Recording the Deed
To record an Executor’s or Administrator’s Deed, follow these steps:
- Obtain a certified copy of the Letters Testamentary or Letters of Administration from the probate court.
- Prepare the deed in compliance with HRS §502-1, including the legal description and proper signature block.
- Acknowledge the grantor’s signature before a notary.
- Submit the original deed and certified court letters to the Hawaii Bureau of Conveyances in Honolulu. Visit https://dlnr.hawaii.gov/boc/ for forms and fee schedules.
- Pay recording fees and any applicable conveyance taxes.
- Obtain a stamped copy of the recorded deed for your records.
Helpful Hints
- Confirm whether the decedent left a valid will to determine if you need an executor’s or administrator’s deed.
- Check the Hawaii Revised Statutes for probate exemptions to see if a small estate affidavit process applies to any personal property transfers.
- Use an accurate Tax Map Key (TMK) and legal description to avoid rejections at the Bureau of Conveyances.
- Ensure all heirs join in the deed if multiple beneficiaries share the property as tenants in common.
- Consult a title company or attorney to verify the deed form and avoid issues with insurability.