Frequently Asked Questions (FAQs)

The Grantee is the person who is going on title and is receiving the Grantor’s interest.

A Warranty Deed gives some guarantees to the Grantee, such as guarantying that the Grantor owns the property being conveyed and that the Grantor guarantees the title to the property, subject only to the encumbrances set forth in Exhibit “A”. A Warranty Deed is usually considered a better way of transferring property.

If an owner of Hawaii property dies without having a joint tenant with the right of survivorship on title with the deceased, or if the property is not deeded into the deceased’s Trust, then a Hawaii probate is needed, whether or not a probate in another State has been done. There are some exceptions. 

If Hawaii Document Service did NOT prepare the Deed for you: The Bureau Conveyances of the State of Hawaii is responsible for recording documents. Our office does not review and record documents not prepared by our office, for liability issues. There are potential risks involved in trying to get a Deed recorded that was not prepared by an experienced, licensed Hawaii attorney. Out of state attorneys may be experienced in conveyancing in the State they practice in, but we don’t recommend they prepare Deeds for Hawaii property. Even if the Bureau accepts the Deed, it may have created a title problem that does not get discovered for years, and then may not be fixable.

No.  Any transfer, even to a Trust, must be accomplished by the preparation and recording of the proper Deed or conveyance document.  Stating in your Trust that you are transferring your timeshare into your Trust is insufficient.

No. A Will only directs the Personal Representative appointed by the Court as to how you want the property distributed. A Hawaii probate is still needed. 

No.  The resort may allow you to pay the maintenance fees and use the timeshare, but a proper Deed must be drafted and recorded with the Bureau of Conveyances to convey title, or else you will never be able to sell or convey the timeshare. Some resorts have memberships which are not controlled by recorded deeds/documents.

It depends on how the tenancy was stated in the Deed by which you and your ex-spouse took title. If you took title as Tenants by the Entirety, then the tenancy changed to Tenants in Common upon the divorce, which does not carry the right of survivorship. A Hawaii probate would be needed to transfer the deceased’s interest.

If you took title as Joint Tenants, then the Joint Tenancy is severed and the automatic rights of survivorship are terminated, unless there is a provision in the Divorce Order, Divorce Settlement Agreement, Pre-Nuptial or Post-Nuptial Agreement, etc., which states that the Joint Tenancy status is to remain on the property even after a Divorce or Annulment. A Hawaii probate may be needed to transfer the deceased’s interest.

You may be able to get a Timeshare Deed done cheaper, but that often is because you are either not using the services of an experienced Hawaii Law Office, or the service may be incomplete.  Getting the Timeshare Deed drafted and recorded, is only a part of the total services required in successfully transferring the timeshare.  We are often notified by resorts that they were not informed of a transfer when it was done by another office, which ends up creating difficulties.  Also, a recorded Deed does not guarantee that it was prepared properly and transferred the property free of defects.  Price should not be the primary concern when it comes to dealing with transferring any Hawaii property, including timeshares.