If you are adding a spouse to title, removing a former spouse, transferring property to a family member, moving real estate into a trust, handling an inheritance, or cleaning up ownership records, a Hawaii quitclaim deed may be the document you are looking for.
The deed itself is often the simple part. The details that cause confusion are usually the legal description, notarization, whether your property is Regular System, Land Court, or both, whether the property is leasehold or fee simple, and whether conveyance tax applies to your situation.
The good news is that Hawaii's process is manageable once you understand which recording system your property falls under, and the Bureau of Conveyances gives you a clear way to check before you file.
Important Hawaii Recording Note:
Unlike most states, Hawaii records land at the state level rather than by county. Every Hawaii quitclaim deed is recorded with the Bureau of Conveyances in Honolulu, no matter which island the property is on.
Every quitclaim deed recording also needs either Form P-64A (if conveyance tax is due) or Form P-64B (if the transfer is exempt). One of these two forms is required even when no tax is owed.
Before You Record: Confirm Your Recording System
Hawaii property is recorded in one of two systems. The Regular System works like most states' land records, giving public notice of documents on file. The Land Court System is a state-certified registration system with stricter requirements, including specific rules for legal descriptions and, in many cases, no metes-and-bounds descriptions.
Some properties are in both systems at once. The easiest way to check is to look at your prior deed: a Bureau of Conveyances label in the top right corner means Regular System, a label in the top left corner means Land Court, and labels in both corners mean your property is in the Dual System. Filing in the wrong system is one of the most common reasons a Hawaii deed gets rejected.
What You Need Before Filling Out the Deed
Before you start typing names into a deed form, gather the information the Bureau of Conveyances commonly expects.
- Current deed or property record, to confirm the recording system
- Grantor's full legal name
- Grantee's full legal name, mailing address, and marital status (if the property is in Land Court)
- Complete legal description of the property, including the lot number
- The property's Tax Map Key (TMK) number
- Whether the property is fee simple or leasehold
- Whether the property is Regular System, Land Court, or Dual System
- Return mailing address after recording
- Notary acknowledgment for the grantor's signature
- Form P-64A or Form P-64B, depending on whether conveyance tax applies
- Recording fees, which vary by system and page count
How to Fill Out a Hawaii Quitclaim Deed
Step 1: Enter the Preparer and Return Address Information
Include the name and address of whoever prepared the deed, plus the mailing address where the recorded deed should be returned. Hawaii reserves a 3.5-inch margin at the top of the first page for the Bureau's recording information, with the return address placed just below it.
Step 2: Enter the Grantor Information
The grantor is the current owner transferring their interest in the property.
Use the grantor's full legal name, matching the name on the current deed or property record.
Step 3: Enter the Grantee Information
The grantee is the person receiving the property interest.
Include the grantee's full legal name and mailing address. If the property is in the Land Court System, Hawaii also requires the grantee's marital status on the deed.
Step 4: Add the Legal Description and TMK Number
Use the complete legal description from the current deed or official property records, including the lot number. Include the property's Tax Map Key (TMK) number on the first page, since the Bureau of Conveyances requires it.
If the property is in the Land Court System, the deed must reference the certificate of title number, and generally can't rely on a metes-and-bounds description unless the certificate of title itself does.
Step 5: Verify Whether the Property Is Leasehold
If the property is leasehold, review the lease agreement carefully. Leasehold transfers may involve transfer restrictions, expiration dates, ground rent obligations, or lessor approval requirements that a fee simple transfer wouldn't have.
Step 6: Choose the Ownership Wording Carefully
If there is more than one grantee, be specific about the ownership form, such as tenants in common or joint tenants with right of survivorship, so the deed reflects what you actually intend.
Step 7: Sign and Notarize the Deed
The grantor must sign the deed before a notary public . A deed that isn't properly notarized won't be accepted by the Bureau of Conveyances.
Hawaii allows Remote Online Notarization (RON) , which lets you meet with a notary by secure live video instead of traveling to an office. This can be especially useful if you or the grantee live off-island or out of state.
Before choosing online notarization, confirm the Bureau of Conveyances will accept a remotely notarized deed for your specific transaction. Learn more on our Remote Online Notarization by State page.
Step 8: Complete Form P-64A or Form P-64B
Every Hawaii deed recording needs a conveyance tax form. If tax is due, complete Form P-64A. If your transfer is exempt, such as a spousal or divorce-related transfer or a transfer to your own revocable living trust, complete Form P-64B and state the basis for the exemption instead.
If a business entity is taking title under a Land Court System deed, it also needs to show it's in good standing, usually with a certificate of good standing or an attorney's certification letter.
Step 9: Record the Deed
Submit the original, notarized deed along with the completed P-64A or P-64B form and the recording fee to the Bureau of Conveyances, either in person, by mail, or through an approved e-recording vendor.
Recording fees depend on the system and page count: Land Court System deeds run $36 for up to 50 pages ($101 for longer deeds), while Regular System deeds run $41 for up to 50 pages ($106 for longer deeds).
Will You Owe Conveyance Tax?
Hawaii is a little different here than many other states, so it's worth setting expectations accurately.
In a lot of states, a quitclaim deed given as a genuine gift with no money changing hands ends up owing little or no transfer tax, simply because the tax is based on the price paid. Hawaii generally doesn't work that way for gifts: when a quitclaim deed states no consideration, the conveyance tax is typically calculated using the property's fair market value or its outstanding mortgage balance instead, not $0.
There are still real exemptions worth knowing about. Transfers between spouses or reciprocal beneficiaries connected with a divorce, transfers from a grantor to the grantor's own revocable living trust (or back from the trust to the grantor as beneficiary), transfers under a transfer-on-death deed, and distributions from a testamentary trust to a beneficiary are all exempt from conveyance tax.
For transfers that are taxable, rates are tiered based on the property's value and use, starting around $0.10 per $100 for lower-value and owner-occupied properties and rising toward $1.00 per $100 or more for properties over $2 million.
Hawaii Signing and Recording Notes
- All Hawaii deeds are recorded with the state-level Bureau of Conveyances in Honolulu, not by county.
- Confirm whether your property is Regular System, Land Court, or Dual System before filing.
- The grantor's signature must be notarized.
- Include the legal description, lot number, and Tax Map Key (TMK) number.
- Land Court deeds have stricter description rules and generally can't rely on metes and bounds.
- Every deed needs either Form P-64A (taxable) or Form P-64B (exempt), even when no tax is owed.
- Gift transfers are generally taxed on fair market value, not treated as automatically tax-free.
- Spousal, divorce, and revocable trust transfers are specifically exempt from conveyance tax.
- Leasehold property may carry transfer restrictions the deed alone doesn't resolve.
- Assuming a quitclaim deed changes responsibility for a mortgage is a common misconception.
Official Hawaii Sources
Common Hawaii Quitclaim Deed Mistakes
- Filing in the wrong recording system (Regular System vs. Land Court)
- Using only the street address instead of the full legal description
- Leaving off the Tax Map Key (TMK) number
- Misspelling the grantor or grantee name
- Failing to identify whether the property is leasehold
- Ignoring leasehold transfer restrictions or expiration dates
- Forgetting to include Form P-64A or P-64B with the recording
- Assuming a gift transfer automatically owes no conveyance tax
- Failing to properly notarize the deed
- Assuming a quitclaim deed changes responsibility for a mortgage
How This Fits Into the Hawaii Quitclaim Deed Process
A Hawaii quitclaim deed can be a practical way to update ownership, especially for family transfers, spousal transfers, trust transfers, and divorce-related transfers.
The key is to confirm your recording system, prepare the legal description correctly, notarize the deed, complete the right conveyance tax form, and record everything with the Bureau of Conveyances. If the property is leasehold, review the lease terms early, since they can shape what the deed needs to say.
Hawaii Quitclaim Deed FAQ
Where do I record a Hawaii quitclaim deed?
Record the deed with the State of Hawaii Bureau of Conveyances in Honolulu. Hawaii records land at the state level rather than by county.
Can a Hawaii quitclaim deed transfer leasehold property?
Yes. A Hawaii quitclaim deed may transfer a leasehold interest, but the transfer may still be subject to lease terms, lessor requirements, expiration dates, or other restrictions. Learn more about Hawaii leasehold property.
Does a Hawaii quitclaim deed need to be notarized?
Yes. Hawaii deeds must be signed before a notary public before the Bureau of Conveyances will accept them for recording.
Will I owe conveyance tax if I give property to a family member?
Often, yes, at least in part. Hawaii generally calculates conveyance tax on a no-consideration quitclaim deed using the property's fair market value or outstanding mortgage balance. Spousal, divorce-related, and certain revocable trust transfers are specifically exempt.
Is this legal advice?
No. This page provides general educational information and is not legal advice.