Hawaii Bureau of Conveyances: What Executors Need to Know

When someone dies owning real property in Hawaii, the executor's first call after the funeral shouldn't be to a realtor or a bank. It should be to understand how that property is recorded — because Hawaii is the only state in the United States that maintains two entirely separate real property recording systems, and filing in the wrong one can render a transfer legally void and cloud the title for years.

The Hawaii Bureau of Conveyances (BOC) is the state agency that manages both systems. Understanding its role, and the critical difference between the Regular System and the Land Court, is the most important thing any executor dealing with Hawaii real estate can learn.

What the Bureau of Conveyances Does

The BOC, administered by the Department of Land and Natural Resources (DLNR), is the central repository for all recorded real property instruments in Hawaii. Every deed, mortgage, easement, lien, and trust document affecting Hawaii real property must be recorded with the BOC before it provides legal notice to third parties.

The BOC is located at: 1151 Punchbowl Street, Room 120, Honolulu, HI 96813

Documents can be submitted in person or electronically through approved e-recording vendors. The standard recording fee is $41.00 for documents up to 50 pages (Regular System). Land Court documents carry a $36.00 recording fee plus a $50.00 fee for the issuance of a new Certificate of Title.

Two Systems, One Agency

The BOC houses two legally distinct recording systems under the same roof:

Regular System (Common Law Recording)

This is the traditional race-notice recording system found in most US states. When a deed or instrument is recorded in the Regular System, it provides constructive public notice of the interest. Documents are indexed by book and page numbers, or by a chronological document number. The label identifier appears on the top right corner of each document.

Land Court (Torrens System)

Established under Hawaii's Land Court Act in the early 1900s, this is a title registration system where the State of Hawaii formally guarantees the title to registered properties. Land Court is based on the Torrens system used in Australia and parts of Europe. Documents in the Land Court are identified by a sequential number preceded by the letter "T," and the label appears on the top left corner of each document.

This distinction — top right for Regular System, top left for Land Court — is the fastest way to determine which system applies to a specific property when reviewing the original deed.

Why This Matters When Someone Dies

Post-mortem real property transfers in Hawaii follow completely different procedures depending on which system the property is registered in.

Transfers in the Regular System

If the decedent held property jointly with a right of survivorship in the Regular System, the surviving co-owner (typically a spouse) transfers title by recording a notarized affidavit of death alongside a certified copy of the death certificate with the BOC. No court involvement is required. The $41.00 recording fee applies.

If the decedent used a Transfer on Death (TOD) deed recorded in the Regular System, the designated beneficiary records a notarized affidavit confirming the death, along with a certified death certificate, to complete the transfer.

Transfers in the Land Court

The Land Court requires more than an affidavit. If the property is registered in the Land Court (look for the "T" prefix on the document number and the top-left label), the surviving co-owner or TOD beneficiary must file a formal petition with the Office of the Assistant Registrar. The petition requests cancellation of the decedent's Certificate of Title and issuance of a new Certificate of Title in the beneficiary's or survivor's name.

The filing includes:

• The formal petition
• Certified death certificate (original)
• Copy of the outstanding Certificate of Title
• Recording fee ($36.00) plus $50.00 for the new certificate issuance

Filing a Regular System affidavit for a Land Court property, or vice versa, is not a minor procedural error. The BOC will reject the instrument, the title becomes clouded, and clearing the title requires a curative petition — which typically involves an attorney and can cost thousands of dollars in legal fees and delay the estate settlement by months.

The Conveyance Tax and Form P-64B

Any instrument conveying real property in Hawaii is subject to evaluation for the Hawaii Conveyance Tax, administered by the Department of Taxation. However, many post-death transfers are exempt:

• Transfers from a decedent's estate to heirs or beneficiaries
• Transfers to or from a revocable living trust (where the trustor is a beneficiary)
• Transfers for nominal or no consideration ($100 or less)

To claim an exemption, the executor must file Form P-64B (Exemption from Conveyance Tax) with the BOC along with the instrument of transfer. Some exemptions require prior approval from the Department of Taxation before filing — review the applicable exemption code carefully.

If the transfer involves consideration exceeding $100 and no exemption applies (for example, if the estate is selling property to a third party during administration), Form P-64A must be filed and the conveyance tax paid within 90 days of the transaction. The tax rate is based on the actual consideration paid and the type of transferee.

Identifying the System Before You Act

Before submitting any document to the BOC after a death, the executor must determine which system the property is registered in. There are several ways to do this:

1. Examine the original deed. Look at the top corners. A label in the top-left corner indicates Land Court registration; top-right indicates Regular System. Look also for "T" prefix document numbers (Land Court) versus numeric-only document numbers (Regular System).

2. Search the BOC's online system. The BOC maintains an online document search tool where you can look up property records by name, document number, or parcel ID. Land Court records appear with "T" prefixes; Regular System records show differently formatted document numbers.

3. Check the Certificate of Title. If the property is in the Land Court, the decedent's records should include a Certificate of Title — a formal document issued by the Office of the Assistant Registrar that looks very different from a standard deed.

4. Contact the BOC directly. The BOC staff can confirm which system a property is registered under using the parcel ID (Tax Map Key number) or the previous owner's name. This is worth a phone call before submitting any paperwork.

Mixed Properties: When Both Systems Apply

Hawaii also has properties that have been converted from the Regular System to the Land Court (a process called "first registration"), and others where different interests in the same parcel are recorded across both systems. Ancillary documents like easements or liens might appear in the Regular System for a Land Court parcel.

If the deed history is complex or unclear, a title company or real estate attorney familiar with Hawaii's BOC should review the records before any post-death transfer is attempted. This is not an area where guessing is advisable.

The Executor's Checklist for BOC Transactions

Before approaching the BOC after a death:

• [ ] Locate all original deeds and identify which system each property is registered in (top-left label = Land Court; top-right label = Regular System)
• [ ] Confirm whether property was held jointly, in trust, via TOD deed, or in the decedent's sole name
• [ ] Determine whether a Small Estate Affidavit is applicable (estates under $100,000 in personal property, but note: real estate is generally excluded from the small estate process)
• [ ] Prepare the correct instrument for each property (affidavit for Regular System; petition for Land Court)
• [ ] Obtain certified copies of the death certificate (originals required — photocopies are not accepted by the BOC)
• [ ] Complete and attach Form P-64B for any exempt transfers
• [ ] Calculate recording fees and bring payment ($41 Regular System, $86 Land Court including new certificate)

Hawaii's dual property recording system is one of the most legally consequential quirks of settling an estate in the islands. Get the wrong form, file in the wrong system, or miss a conveyance tax exemption, and you're looking at months of corrective work and legal expense. The Hawaii Estate Settlement Guide includes a step-by-step breakdown of both BOC recording processes — with instructions specific to Regular System affidavits, Land Court petitions, and the Form P-64B exemption filing.

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