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HI SB105
Bill
Status
6/27/2011
Primary Sponsor
Maile Shimabukuro
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AI Summary
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Adopts the Uniform Real Property Transfer on Death Act, allowing property owners to designate beneficiaries to receive real property upon death without probate or will formalities.
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Transfer on death deeds are revocable during the transferor's lifetime and do not affect the transferor's ownership rights, creditor claims, or public assistance eligibility.
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Property transfers to designated beneficiaries upon the transferor's death, contingent on the beneficiary surviving the transferor, with concurrent interests transferred equally and without survivorship rights.
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Exempts transfer on death deeds from the documentary transfer tax under Hawaii Revised Statutes Section 247-3.
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Effective July 1, 2011, applies to transfer on death deeds executed by a transferor who dies on or after that date; land court registered property requires petition filing for title transfer.
Legislative Description
Real Property; Probate
Last Action
(H) Act 173, on 6/27/2011 (Gov. Msg. No. 1277).
7/1/2011