Hawaii Quitclaim Deed: How It Works and When to Use One

You want to transfer your Oahu condo to your adult daughter without going through probate. A quitclaim deed seems simple enough — sign the paper, record it, done. But in Hawaii, one wrong move with the Bureau of Conveyances can stall the transfer for months or void it entirely.

Here's how Hawaii quitclaim deeds actually work, and when you should consider a different approach.

What a Quitclaim Deed Does (and Doesn't Do)

A quitclaim deed transfers whatever ownership interest the grantor has in a property — without guaranteeing that interest is valid, clear, or free of liens. The grantor makes no warranties about the title's quality. If they own the property free and clear, the full ownership transfers. If they have no interest at all, the grantee gets nothing.

In Hawaii, quitclaim deeds are commonly used for:

• Transfers between family members (parent to child, between spouses)
• Adding or removing a name from a title after marriage or divorce
• Transferring property into a revocable living trust
• Correcting errors on a previous deed

They are not appropriate for arms-length sales where the buyer needs title assurance. For those transactions, a warranty deed provides legal protections a quitclaim does not.

Recording Requirements: Regular System vs. Land Court

Every real property transfer in Hawaii must be recorded with the Bureau of Conveyances. But Hawaii operates two separate recording systems, and filing in the wrong one creates serious title problems.

Regular System. Properties identified by liber/page numbers or "BOC" notations. Recording a quitclaim deed costs $41 for documents up to 50 pages and $106 for longer documents.

Land Court (Torrens) System. Properties with certificates of title issued by the Assistant Registrar, identified by "T" document numbers. Recording costs $36 for up to 50 pages and $101 for longer documents, plus $50 for a new Certificate of Title.

Check your existing deed carefully. If your property is in the Land Court System, a quitclaim deed recorded in the Regular System has no effect on the Land Court title. The legal description must be copied exactly from the previous deed, character for character. A single typographical error in the legal description means the Bureau rejects the document, and you start over.

Conveyance Tax (Form P-64A)

Every deed filed in Hawaii requires a conveyance tax certificate (Form P-64A), regardless of whether tax is owed. The conveyance tax is calculated on the actual or full value of the property transferred.

However, many family transfers qualify for an exemption. Form P-64B claims the exemption — common qualifying transfers include gifts between family members and transfers into a trust where the grantor retains beneficial interest. File P-64B alongside the deed and P-64A to avoid paying unnecessary tax.

When a Transfer on Death Deed Is Better

For estate planning purposes, a quitclaim deed creates an immediate, irrevocable transfer. Once you sign and record it, you no longer own the property. This creates several problems:

• Loss of control. You cannot sell, refinance, or reverse the transfer without the grantee's cooperation.
• Gift tax exposure. A lifetime transfer may trigger federal gift tax reporting obligations.
• Loss of homeowner exemptions. If the property is no longer in your name, you may lose your county real property tax exemption.
• Medicaid look-back. Transferring property within 60 months of applying for Med-QUEST long-term care benefits triggers an eligibility penalty period.

A Transfer on Death Deed (TODD) avoids all of these issues. You retain full ownership, control, and homeowner exemptions during your lifetime. The property passes to your named beneficiary only upon death, completely bypassing probate. The TODD is revocable at any time by recording a revocation.

The critical requirement: the TODD must be recorded in the correct land system (Regular or Land Court) before the owner's death, or it is void.

Filing Checklist

1. Verify which recording system applies to your property
2. Draft the quitclaim deed with the exact legal description from the existing deed
3. Sign before a notary public
4. Complete Form P-64A (conveyance tax certificate)
5. If exempt, complete Form P-64B (tax exemption claim)
6. Submit all documents to the Bureau of Conveyances in Honolulu (mail or e-recording)
7. Retain the recorded copy with the new liber/page number or Land Court document number

For a complete walkthrough of Hawaii property transfers — including TODD filing, Land Court procedures, and conveyance tax exemptions — the Hawaii Basic Estate Planning Kit covers every step with recording checklists specific to each county.

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