What Do I Need to Sign My TOD Deed in Hawaii?
In Hawaii, a transfer on death deed is signed before a notaryHRS 527-1 to 527-17Verified Oct 18, 2026View source, then recorded with the county before the owner's deathHRS 527-1 to 527-17Verified Oct 18, 2026View source.
No. Hawaii does not require witnesses for a TOD deedHRS 527-1 to 527-17Verified Oct 18, 2026View source.
Yes. Hawaii requires notarization for a TOD deed to be validHRS 527-1 to 527-17Verified Oct 18, 2026View source.
Yes. A TOD deed can be executed entirely remotely in Hawaii: the signing happens in a live video session with an online notary, with no witnesses in the sessionHRS §§ 456-23, 456-24Verified Sep 9, 2026View source.
To execute a TOD deed in Hawaii: Schedule a notary appointment (in-person or online via RON). Record the deed before death with the Bureau of Conveyances or Land Court. Include a legal description of the property. Sign remotely in a live video session with an online notary
No. A TOD deed works by being recorded against a specific parcel, so the deed must be a Hawaii TOD deed recorded in the Hawaii county where the property sits. A TOD deed signed in another state cannot transfer Hawaii real property, however it was executed; real estate in more than one state needs a deed for each parcel. The Hawaii document portability tool carries the recognition rule by document type.
Is this your situation?
Get a complete guide for your specific circumstances.
Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn more
Moving to a New State
State laws vary significantly for wills, trusts, and powers of attorney. What to review after relocating to make sure your estate plan still works.
Learn more
Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
Learn moreForms for Planning Your Estate in Hawaii
Free forms for planning your estate in Hawaii: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Hawaii, a will is signed before 2HRS § 560:2-502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyHRS § 560:2-502Verified Oct 18, 2026View source.
Codicil to a Will
In Hawaii, a codicil is signed before 2HRS § 560:2-502Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyHRS § 560:2-504Verified Oct 25, 2026View source.
Healthcare Power of Attorney
Hawaii allows a choice for a healthcare power of attorney: 2HRS § 327E-16Verified Oct 15, 2026View source witnesses or a notary.
HIPAA Release
In Hawaii, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information and reproductive health informationHRS § 325-101(a); HRS § 323J-2(a)Verified Jun 19, 2026View source expressly before a provider releases them.
Financial Power of Attorney
Hawaii treats a power of attorney as durable by defaultHRS § 551E-3, § 551E-5, § 551E-9, § 551E-15, § 551E-16, § 551E-31, § 551E-47, § 551E-51 (L 2014, c 22); HRS § 502-84, § 501-174 (recording)Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementHRS § 551E-3, § 551E-5, § 551E-9, § 551E-15, § 551E-16, § 551E-31, § 551E-47, § 551E-51 (L 2014, c 22); HRS § 502-84, § 501-174 (recording)Verified Oct 21, 2026View source.
Transfer on Death Deed
In Hawaii, a transfer on death deed is signed before a notaryHRS 527-1 to 527-17Verified Oct 18, 2026View source, then recorded with the county before the owner's deathHRS 527-1 to 527-17Verified Oct 18, 2026View source. Hawaii does not recognize a Lady Bird deed.
Living Will
In Hawaii, the living will is the Advance Health-Care DirectiveHRS ch. 327E (Uniform Health-Care Decisions Act (Modified)), §§ 327E-1 to 327E-16Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Pour-Over Will
In Hawaii, a pour-over will is signed before 2HRS § 560:2-502Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Tools for Planning Your Estate in Hawaii
Free tools for planning your estate in Hawaii: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Will My Estate Documents Transfer?
Hawaii recognizes a will signed under the law of the place where it was signedHRS § 560:2-506Verified Oct 18, 2026View source; a will signed in Hawaii itself needs 2HRS § 560:2-502Verified Oct 18, 2026View source witnesses, and notarization is not requiredHRS § 560:2-502Verified Oct 18, 2026View source.
Trust or Will: Which Costs Less?
In Hawaii, a will-based plan pays probate attorney fees of typically 2.3%Modeled estimate under HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.6%Modeled estimate under HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Hawaii runs $3,900Estimate: 10 hours at $390, Clio's Hawaii Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,850Estimate: 15 hours at $390, Clio's Hawaii Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Hawaii runs $1,218Estimate: 3 hours at $406, Clio's Hawaii Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,436Estimate: 6 hours at $406, Clio's Hawaii Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $28,206HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
In Hawaii, a parent names a guardian for a minor child in a will or a separate signed writingHRS §§ 560:5-202, 560:5-204, 560:5-206Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18HRS § 560:5-102 ("Minor" = unemancipated individual who has not attained eighteen years of age)Verified Sep 15, 2026View source.
Do I Need a Revocable Trust?
Probate in Hawaii takes 6 months to 9 months for a simple estate and charges attorney fees of typically 2.3%Modeled estimate under HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.6%Modeled estimate under HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
Do I Need a TOD Deed?
Hawaii authorizes transfer on death deedsHRS 527-1 to 527-17Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
When you're ready, we're here.
Hawaii Estate Planning Resources
In-depth guides covering Hawaii probate laws, trust requirements, and estate planning strategies.