Affidavit of Death & A New Deed

Married couples can own real estate as “Tenants by the Entirety” and any two or more people can own property as either “Tenants in Common” or “Joint Tenants with Rights of Survivorship.” After the death of a spouse or a joint tenant, Hawaii allows the survivors to record an affidavit of death, which serves to recognize them as the remaining owners. Once the affidavit is recorded, the surviving owners can sell or transfer any or all of the interests in the property. This can be done without going through probate.

For properties recorded in the Land Court system, this can be accomplished with a petition to note death.