Skip to main content

Hawaii Asset Transfers After Death

How the assets in a Hawaii estate actually move, with the section of the Hawaii Revised Statutes behind each route. Hawaii follows the Uniform Probate Code in HRS chapter 560, so an informal probate never sees a judge, and a $100,000 affidavit collects personal property with no court at all. Real estate is different: the affidavit cannot move it, and Hawaii land sits in one of two statewide systems, the Bureau of Conveyances or the Land Court.

Authority follows title, and Hawaii keeps titles in statewide and county offices, not county courts. Court papers go to the circuit court of the judicial circuit where the decedent lived. Land documents go to the Bureau of Conveyances, or to the Land Court for registered land. Vehicle titles go to the county director of finance. Read every deed, certificate of title, account registration and beneficiary designation before deciding anything, because what passes outside probate never needs the court.

Usually Outside Probate

These pass by contract, by title or by a recorded instrument, with no personal representative and no court file.

Usually Needs Court Authority

Property in the decedent's sole name with no survivorship and no beneficiary, beyond the reach of the collection affidavit.

A claim or lawsuit belonging to the decedent

Special Review Needed

Hawaii rules that do not match the national pattern, or where a nonprobate route does not settle who keeps the property.

Not sure if this estate needs probate?

Answer a few questions to see whether probate is likely and which transfer path fits. Free, no signup required.

Take the 2-minute assessment

Select an Asset Type

Hawaii has no county recorder. Land documents are recorded statewide with the Bureau of Conveyances, or, for land registered under HRS chapter 501, filed with the assistant registrar of the Land Court. Recording fees are set by rule of the Department of Land and Natural Resources rather than printed in the statute (HRS § 502-25), and this file does not state them.

Pro Tips

  • -Find out whether the land is in the regular system or the Land Court before doing anything; the deed or certificate of title says which.
  • -Check the recording or filing date of any transfer on death deed against the date of death.
  • -Keep paying the county real property tax and insurance while the estate is open.

Frequently Asked Questions

What is the difference between probate and non-probate assets?
Probate assets are owned solely by the deceased with no designated beneficiary, requiring court supervision to transfer. Non-probate assets have built-in transfer mechanisms like beneficiary designations, joint ownership, or trust ownership.
What assets avoid probate in Hawaii?
Assets that typically avoid probate include: life insurance with named beneficiaries, retirement accounts (401k, IRA) with beneficiaries, jointly owned property with right of survivorship, TOD (Transfer on Death) accounts, POD (Payable on Death) accounts, and assets held in a living trust.
What is a TOD or POD designation?
TOD (Transfer on Death) and POD (Payable on Death) are beneficiary designations that allow assets to pass directly to a named beneficiary upon death, bypassing probate.
Does joint ownership avoid probate?
Only joint ownership with "right of survivorship" avoids probate. This includes joint tenancy with right of survivorship and tenancy by the entireties (for married couples in some states).
SourcesOfficial references used for this page
  • Hawaii State Legislature, HRS §§ 236E-6, 286-2, 286-49, 286-52, 326-34, 338-14.5, 346-37, 502-25, 509-2, 527-5, 527-9, 527-13, 527-15, 531-20, 539-7, 560:2-211, 560:2-403, 560:3-706, 560:3-709, 560:3-1201, 560:3-1202, 560:3-1205, 560:3-1211, 560:6-104, 560:6-107 and 560:6-110, read 2026-09-24 at data.capitol.hawaii.gov
  • Hawaii State Judiciary, Hawaii Probate Rules 90 and 91, read 2026-09-24
  • Hawaii State Judiciary, forms 3C-E-210 and 3C-E-312, read 2026-09-24

Information current as of April 11, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Hawaii can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

More Hawaii Resources

Explore the rest of the Hawaii probate hub.

Do I need probate?5 pages
For the executor4 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets4 pages
File and learn5 pages