What Is a Quitclaim Deed in Hawaii?
A Hawaii quitclaim deed form is used to transfer a person’s ownership interest in real estate to someone else. The grantor does not guarantee that they fully own the property, nor do they promise that the title is free of liens. It only passes along any ownership rights the grantor currently has. This type of deed is ideally used when both parties already know and trust each other.
If the new owner wants title protection, a warranty deed may be a better option, as it includes legal guarantees about ownership. You can also choose which deed suits you best by referring to our guide on the different types of deeds.
Hawaii Quitclaim Deed Requirements
A quitclaim deed in Hawaii must meet the following requirements set out under HI Revised Statutes Chapter 502 to be accepted by the state. If your deed does not meet these requirements, it may be rejected by the Bureau of Conveyances.
Required Information
A quitclaim deed in Hawaii must clearly identify all the parties involved and the property being transferred. Under HI Rev Stat § 502-31, your deed form should include:
- The full legal names of both the grantor and the grantee.
- The grantee’s mailing address.
- The grantee’s marital status if the property is registered in the Land Court (HI Rev Stat § 501-105(a)).
- A complete legal description of the property. This must go beyond the street address and match prior recorded documents.
- A property tax map key (TMK) number.
- The name and address of the person to whom the recorded deed should be returned.
- A granting clause showing that the grantor is transferring their interest.
- The name of each individual signing must be typed, stamped, or printed beneath the signature.
Formatting Requirements
There are also certain document formatting rules your quitclaim deed form must adhere to in Hawaii to help the Bureau process and scan your recorded documents. These requirements are outlined in HI Rev Stat § 502-31(c) and 502-31(e):
- Paper size must be no longer than 8.5 x 11 inches
- Text must be clear and legible
- The first page must have a 3.5-inch top margin reserved for recording information
- Pages must be printed on one side only
- Pages must be numbered consecutively
- The document must be securely fastened, typically with a single staple in the top left corner
Signing and Notarization
For your quitclaim deed form to be valid and eligible for recording in Hawaii, it must be properly signed and acknowledged. Under HI Rev Stat § 502-31, 502-41, and 502-42, a Hawaii quitclaim deed form must be signed by the grantor. The signatures must also be acknowledged before a notary public or another authorized officer. If you need a separate certificate of acknowledgment, consider using a free Hawaii notary acknowledgment form.
Sample Hawaii Quitclaim Deed
Take a look at the sample Hawaii quitclaim deed form below to see how to properly format your document to meet the requirements. Then, use Legal Templates’s guided form to answer a few simple questions and complete your own quitclaim deed form. Once you’re done, you can download the form as a PDF or Word file.
How to File a Quitclaim Deed in Hawaii
In Hawaii, quitclaim deed forms are recorded at the state level rather than the county level. Follow the steps below to file your quitclaim deed properly.
Step 1 – Confirm the Property’s Recording System
Before filing your deed, check which system applies to your property. Hawaii uses two recording systems:
- Regular System
- Land Court System
Some properties may fall under the Dual System, meaning the deed must be recorded in both systems. The easiest way to find out what system to record your quitclaim in is to look at the most recently recorded deed. Obtain a copy of the prior deed to confirm whether the property is in the Regular, Land Court, or both systems. If you file the deed in the wrong system, your quitclaim deed may be rejected, so confirm first to save time.
Step 2 – Complete the Deed and Conveyance Tax Certificate
Most property transfers in Hawaii require a Conveyance Tax Certificate under HI Rev Stat § 247-6. The Hawaii Bureau of Conveyances will not record your form without this completed certificate.
Even if your property transfer is exempt from conveyance tax, you must still file the proper certificate. The two most common forms are:
- Form P-64A for taxable transfers.
- Form P-64B for exempt transfers.
Step 3 – Submit to the Hawaii Bureau of Conveyances
All Hawaii quitclaim deed forms are recorded with the Bureau of Conveyances. Submit your notarized quitclaim deed form along with the relevant completed Conveyance Tax Certificate to the Bureau. Once the Bureau accepts and records your deed, it becomes part of the public record, and the property transfer is officially documented.
How Much Does a Quitclaim Deed in Hawaii Cost?
Hawaii charges recording fees and, in many cases, a state conveyance tax for quitclaim deeds. Here are all the fees you should be aware of before filing your deed:
Recording Fees
Under Hawaii Rev Stat § 502-25, the Department of Land and Natural Resources sets recording fees by rule. The amount of fees depends on which recording system applies and the length of your quitclaim deed form. The current fee schedule published on the Hawaii Bureau of Conveyances is as follows:
Regular System
- $41 for deeds that are 50 pages or fewer
- $106 for deeds that are more than 50 pages
Land Court System
- $36 for deeds that are 50 pages or fewer
- $101 for deeds that are more than 50 pages
If your property is a part of the Dual System, the document may go through both systems, which can affect processing.
Hawaii Conveyance Tax
In addition to recording fees, Hawaii also charges a conveyance tax when real property is transferred. The tax is imposed under HI Rev Stat § 247-2, and the rates may vary based on the property’s value, the types of property, and whether the property qualifies for a homeowner’s exemption.
This conveyance tax is usually paid by the grantor unless both parties agree to another arrangement. Here are the current tax rates per $100 of value:
| Property Value | General Property Transfers | Condominiums or Single-Family Residences Without Homeowner’s Exemption |
|---|---|---|
| Under $600,000 | $0.10 | $0.15 |
| Between $600,000 and $999,999 | $0.20 | $0.25 |
| Between $1,000,000 and $1,999,999 | $0.30 | $0.40 |
| Between $2,000,000 and $3,999,999 | $0.50 | $0.60 |
| Between $4,000,000 and $5,999,999 | $0.70 | $0.85 |
| Between $6,000,000 and $9,999,999 | $0.90 | $1.10 |
| Over $10,000,000 | $1.00 | $1.25 |
Common Exemptions
Note that not every property transfer is taxed. There are certain exemptions listed under the HI Rev Stat § 247-3, such as:
- Transfers where the actual consideration is $100 or less
- Deeds that confirm, correct, or modify a previously recorded deed
- Transfers that divide property between co-owners, as long as each person receives a share equal in value to what they already owned
- Transfer related to a separation or divorce
Keep in mind that even if you qualify for an exemption, you must still submit the proper Conveyance Tax Certificate when recording your quitclaim deed in Hawaii.