reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-64 Undertaking to hold the United States harmless; intervention by state attorney general.

§523A-64 Undertaking to hold the United States harmless; intervention by state attorney general.
(a) Upon the payment and delivery of property to the director, the State assumes custody and responsibility for the safekeeping of the property. An officer, department or agency of the United States who pays or delivers property to the director in good faith is relieved of all liability to the extent of the value of the property paid or delivered for any claim then existing or which thereafter may arise or be made in respect to such property.
(b) The State hereby undertakes to hold the United States harmless against any claim concerning property delivered to the custody of the State in accordance with the provisions of this part. In the event an action or proceeding on such claim is brought against the United States the attorney general shall intervene therein upon receipt of actual notice thereof. The State consents to suit by such claimant in such event and any defense in favor of the United States shall be available to and urged by the State.
(c) If an officer, department, or agency of the United States pays or delivers property to the director in good faith and thereafter another person claims the property from such officer, department, or agency, or another state claims the property under its laws relating to escheat or abandoned or unclaimed property, the director, upon written notice of the claim, shall defend such officer, department, or agency against the claim and indemnify such officer, department, or agency against any liability on the claim.
(d) For the purposes of this section "good faith" means that:
(1) Payment or delivery was made in a reasonable attempt to comply with this part; and
(2) The person paying or delivering the property had a reasonable basis for believing, based on the facts then known to the person, that the property was abandoned or unclaimed for the purposes of this part.
(e) If, and as often as may be, required by federal statute, the governor shall certify to the Comptroller General or other proper officer of the United States that the law of this State provides effective means whereby the United States shall be held harmless in the event of claim for property delivered to this State in accordance with the provisions of this part. [L 1988, c 93, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-65 State rights not affected.

§523A-65
State rights not affected.
(a) Notwithstanding any other provision of law, the right of the State to maintain an action and to recover presumptively abandoned property and the obligation of the federal government, or any federal agency, entity, officer, or appointee thereof, to comply with the requirements contained in [part I of this chapter] and sections 523A-51 to 523A-64 shall not be affected by any state failure to adhere to sections 523A-54 to 523A-64.
(b) Subsection (a) shall apply to all property held at the time of enactment, or at any time thereafter, regardless of when the property became or becomes presumptively abandoned. [L 1990, c 31, §2; am L 2008, c 55, §3]
2023 Hawaii Revised Statutes › Title 28. Property › 524. Facilities for Elders › 524-1 Definitions.

§524-1 Definitions.
As used in this chapter:
"Facility" means a multi-unit residential building, including all operations associated therewith, used for retirement purposes in which living units are leased for a term to last for the lifetime of the lessee and the lessee's surviving spouse, where the living unit is used as a residence by the lessee and the lessee's surviving spouse, and where the living unit reverts back to the lessor upon the death of the lessee and the lessee's surviving spouse.
"Lessee" means the person or persons leasing a living unit in a facility. [L 1979, c 2, pt of §2]
Revision Note
Numeric designations deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 28. Property › 524. Facilities for Elders › 524-2 Facility advisory body.

§524-2 Facility advisory body.
The board of directors or other governing body of each facility shall create an advisory body composed of residents of the State, and at least two members, or twenty-five per cent, whichever is greater, shall be lessees of the facility. At least one lessee member of the facility shall be a member of any committee or subcommittee of the advisory body.
The governing body of the facility shall organize the advisory body and shall appoint the facility lessee members from a list submitted by the lessees of the facility, comprised of at least two names for every position available for lessee members on the advisory body. The advisory body shall thereafter organize itself and shall make rules and bylaws as may be necessary for it to function, provided the rules and bylaws are consistent with the directives of the facility governing body.
The advisory body shall submit recommendations concerning the operation and management of the facility in writing to the facility governing body for its consideration. [L 1979, c 2, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 525. Uniform Statutory Rule Against Perpetuities › 525-1 Statutory rule against perpetuities.

§525-1 Statutory rule against perpetuities.
(a) A nonvested property interest is invalid unless:
(1) When the interest is created, it is certain to vest or terminate no later than twenty-one years after the death of an individual then alive; or
(2) The interest either vests or terminates within ninety years after its creation.
(b) A general power of appointment not presently exercisable because of a condition precedent is invalid unless:
(1) When the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than twenty-one years after the death of an individual then alive; or
(2) The condition precedent either is satisfied or becomes impossible to satisfy within ninety years after its creation.
(c) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
(1) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than twenty-one years after the death of an individual then alive; or
(2) The power is irrevocably exercised or otherwise terminates within ninety years after its creation.
(d) In determining whether a nonvested property interest or a power of appointment is valid under subsection (a)(1), (b)(1), or (c)(1), the possibility that a child will be born to an individual after the individual's death is disregarded.
(e) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument either seeks to disallow the vesting or termination of any interest or trust beyond, seeks to postpone the vesting or termination of any interest or trust until, or seeks to operate in effect in any similar fashion upon, the later of:
(1) The expiration of a period of time not exceeding twenty-one years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement; or
(2) The expiration of a period of time that exceeds or might exceed twenty-one years after the death of the survivor of lives in being at the creation of the trust or other property arrangement;
that language is inoperative to the extent it produces a period of time that exceeds twenty-one years after the death of the survivor of the specified lives.
[L 1992, c 262, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 525. Uniform Statutory Rule Against Perpetuities › 525-2 When nonvested property interest or power of appointment created.

§525-2 When nonvested property interest or power of appointment created.
(a) Except as provided in subsections (b) and (c) and in section 525-5(a), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
(b) For the purposes of this chapter, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in section 525-1(b) or (c), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. For the purposes of this chapter, a joint power with respect to community property under chapter 510 held by individuals married to each other is a power exercisable by one person alone.
(c) For the purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created. [L 1992, c 262, pt of §2]
Revision Note
In subsection (a), section "525-5(a)" substituted for "525-4(a)".
2023 Hawaii Revised Statutes › Title 28. Property › 525. Uniform Statutory Rule Against Perpetuities › 525-3 Reformation.

§525-3 Reformation.
Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the ninety years allowed by section 525-1(a)(2), (b)(2), or (c)(2) if:
(1) A nonvested property interest or a power of appointment becomes invalid under section 525-1;
(2) A class gift is not but might become invalid under section 525-1 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
(3) A nonvested property interest that is not validated by section 525-1(a)(1) can vest but not within ninety years after its creation. [L 1992, c 262, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 525. Uniform Statutory Rule Against Perpetuities › 525-4 Exclusions from statutory rule against perpetuities.

§525-4 Exclusions from statutory rule against perpetuities.
Section 525-1 shall not apply to:
(1) A fiduciary's power to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;
(2) A discretionary power of a trustee to distribute principal before termination of a trust;
(3) A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;
(4) A property interest in or a power of appointment with respect to a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses;
(5) A property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by any other applicable law; or
(6) A trust described in chapter 554G. [L 1992, c 262, pt of §2; am L 2010, c 182, §3]
2023 Hawaii Revised Statutes › Title 28. Property › 525. Uniform Statutory Rule Against Perpetuities › 525-5 Prospective application.

§525-5 Prospective application.
(a) Except as extended by subsection (b), this chapter applies to a nonvested property interest or a power of appointment that is created on or after June 18, 1992. For the purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
(b) If a nonvested property interest or a power of appointment was created before June 18, 1992 and is determined in a judicial proceeding, commenced on or after June 18, 1992, to violate this State's common law rule against perpetuities as that rule existed before June 18, 1992, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created. [L 1992, c 262, pt of §2]
Revision Note
"June 18, 1992" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 28. Property › 526. Uniform Disclaimer of Property Interests Act › 526-2 Definitions.

§526-2 Definitions.
In this chapter:
"Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.
"Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made.
"Disclaimer" means the refusal to accept an interest in or power over property.
"Fiduciary" means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.
"Jointly held property" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a state.
"Trust" means:
[(1)] An express trust, charitable or noncharitable, with additions thereto, whenever and however created; and
[(2)] A trust created pursuant to a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust. [L 2000, c 43, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 526. Uniform Disclaimer of Property Interests Act › 526-4 Chapter supplemented by other law.

§526-4 Chapter supplemented by other law.
(a) Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
(b) This chapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this chapter. [L 2000, c 43, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 526. Uniform Disclaimer of Property Interests Act › 526-5 Power to disclaim; general requirements; when irrevocable.

§526-5 Power to disclaim; general requirements; when irrevocable.
(a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.
(b) Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this State or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
(c) To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in section 526-12. In this subsection, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(d) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
(e) A disclaimer becomes irrevocable when it is delivered or filed pursuant to section 526-12 or when it becomes effective as provided in sections 526-6 through 526-11, whichever occurs later.
(f) A disclaimer made under this chapter is not a transfer, assignment, or release. [L 2000, c 43, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 526. Uniform Disclaimer of Property Interests Act › 526-6 Disclaimer of interest in property.

§526-6 Disclaimer of interest in property.
(a) In this section:
"Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.
"Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.
(b) Except for a disclaimer governed by section 526-7 or 526-8, the following rules apply to a disclaimer of an interest in property:
(1) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate's death.
(2) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.
(3) If the instrument does not contain a provision described in paragraph (2), the following rules apply:
(A) If the disclaimant is an individual, the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution. However, if, by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.
(B) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.
(4) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment. [L 2000, c 43, pt of §1; am L 2019, c 111, §37]
2023 Hawaii Revised Statutes › Title 28. Property › 526. Uniform Disclaimer of Property Interests Act › 526-7 Disclaimer of rights of survivorship in jointly held property.

§526-7 Disclaimer of rights of survivorship in jointly held property.
(a) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:
(1) A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or
(2) All of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.
(b) A disclaimer under subsection (a) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.
(c) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates. [L 2000, c 43, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 526. Uniform Disclaimer of Property Interests Act › 526-9 Disclaimer of power of appointment or other power not held in fiduciary capacity.

§526-9 Disclaimer of power of appointment or other power not held in fiduciary capacity.
If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:
(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.
(3) The instrument creating the power is construed as if the power expired when the disclaimer became effective. [L 2000, c 43, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 526. Uniform Disclaimer of Property Interests Act › 526-10 Disclaimer by appointee, object, or taker in default of exercise of power of appointment.

§526-10 Disclaimer by appointee, object, or taker in default of exercise of power of appointment.
(a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.
(b) A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable. [L 2000, c 43, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 526. Uniform Disclaimer of Property Interests Act › 526-11 Disclaimer of power held in fiduciary capacity.

§526-11 Disclaimer of power held in fiduciary capacity.
(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
(c) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting. [L 2000, c 43, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 526. Uniform Disclaimer of Property Interests Act › 526-13 When disclaimer barred or limited.

§526-13 When disclaimer barred or limited.
(a) A disclaimer is barred by a written waiver of the right to disclaim.
(b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(1) The disclaimant accepts the interest sought to be disclaimed;
(2) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or
(3) A judicial sale of the interest sought to be disclaimed occurs.
(c) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
(d) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.
(e) A disclaimer is barred or limited if so provided by law other than this chapter.
(f) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred. [L 2000, c 43, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 526. Uniform Disclaimer of Property Interests Act › 526-14 Tax qualified disclaimer.

§526-14 Tax qualified disclaimer.
Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this chapter. [L 2000, c 43, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 526. Uniform Disclaimer of Property Interests Act › 526-15 Recording of disclaimer.

§526-15 Recording of disclaimer.
If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be filed, recorded, or registered. Except as otherwise provided in section 526-12(g), failure to file or record the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer. [L 2000, c 43, pt of §1; am L 2011, c 173, §4]
2023 Hawaii Revised Statutes › Title 28. Property › 526. Uniform Disclaimer of Property Interests Act › 526-16 Application to existing relationships.

§526-16 Application to existing relationships.
Except as otherwise provided in section 526-13, an interest in or power over property existing on July 1, 2000 as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after July 1, 2000. [L 2000, c 43, pt of §1]
Revision Note
"July 1, 2000" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 28. Property › 527. Uniform Real Property Transfer on Death Act › 527-2 Definitions.

§527-2 Definitions.
As used in this chapter:
"Beneficiary" means a person that receives property under a transfer on death deed.
"Designated beneficiary" means a person designated in a transfer on death deed to receive property.
"Joint owner" means an individual who owns property concurrently with one or more individuals with a right of survivorship. The term includes a joint tenant and a tenant by the entirety but does not include a tenant in common.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
"Property" means an interest in real property located in this State that is transferable on the death of the owner.
"Subject property" means real property or an interest in real property that is subject to a transfer on death deed.
"Transfer on death deed" means a deed authorized under this chapter.
"Transferor" means an individual who executes a transfer on death deed. [L 2011, c 173, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 527. Uniform Real Property Transfer on Death Act › 527-5 Transfer on death deed authorized.

§527-5 Transfer on death deed authorized.
An individual may transfer property, effective at the transferor's death, to one or more beneficiaries by a transfer on death deed; provided that, with respect to property of which any portion is registered in the land court, transfer is subject to the requirement in section 527-13(a)(1) regarding submittal of a petition to the land court. [L 2011, c 173, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 527. Uniform Real Property Transfer on Death Act › 527-9 Requirements.

§527-9 Requirements.
A transfer on death deed:
(1) Except as otherwise provided in paragraph (2), shall contain the essential elements and formalities of a properly recordable inter vivos deed;
(2) Shall state that the transfer to the beneficiary is to occur at the transferor's death; and
(3) Shall be recorded with the bureau of conveyances or filed in the office of the assistant registrar of the land court, as applicable, before the transferor's death. [L 2011, c 173, pt of §1]
Law Journals and Reviews
The Hawai`i Uniform Real Property Transfer on Death Act--Another Tool in the Estate Planner's Arsenal. 15 HBJ, no. 13, at 43 (2013).
2023 Hawaii Revised Statutes › Title 28. Property › 527. Uniform Real Property Transfer on Death Act › 527-10 Notice, delivery, acceptance, consideration not required.

§527-10 Notice, delivery, acceptance, consideration not required.
A transfer on death deed shall be effective without notice or delivery to or acceptance by the designated beneficiary during the transferor's life, and without consideration. [L 2011, c 173, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 527. Uniform Real Property Transfer on Death Act › 527-11 Revocation by instrument authorized; revocation by act not permitted.

§527-11 Revocation by instrument authorized; revocation by act not permitted.
(a) Subject to subsection (b), an instrument is effective to revoke all or any part of a recorded or filed transfer on death deed only if the instrument is acknowledged by the transferor after the acknowledgment of the transfer on death deed being revoked and is recorded in the bureau of conveyances or filed in the office of the assistant registrar of the land court, as applicable, before the transferor's death and is:
(1) A subsequently recorded or filed transfer on death deed that revokes all or a part of the recorded or filed transfer on death deed either expressly or because of inconsistency;
(2) An instrument of revocation that expressly revokes all or a part of the recorded or filed transfer on death deed; or
(3) An inter vivos deed that expressly revokes all or a part of the transfer on death deed.
(b) If a transfer on death deed is executed by more than one transferor:
(1) Revocation by one transferor does not affect the deed as to the interest of another transferor; and
(2) A deed executed by joint owners is revoked only if it is revoked by all living joint owners.
(c) After a transfer on death deed is recorded or filed, as applicable, it may not be revoked by a revocatory act on the deed. For purposes of this subsection, "revocatory act" includes burning, tearing, canceling, obliterating, or destroying the transfer on death deed or any part of it.
(d) This section shall not limit the effect of an inter vivos transfer of the subject property. [L 2011, c 173, pt of §1]
Law Journals and Reviews
The Hawai`i Uniform Real Property Transfer on Death Act--Another Tool in the Estate Planner's Arsenal. 15 HBJ, no. 13, at 43 (2013).
2023 Hawaii Revised Statutes › Title 28. Property › 527. Uniform Real Property Transfer on Death Act › 527-12 Effect of transfer on death deed during transferor's life.

§527-12 Effect of transfer on death deed during transferor's life.
During a transferor's life, a transfer on death deed shall not:
(1) Affect an interest or right in the subject property of the transferor or any other owner, including the right to transfer or encumber the subject property;
(2) Affect an interest or right in the subject property of a transferee, regardless of whether the transferee has actual or constructive notice of the deed;
(3) Affect an interest or right in the subject property of a secured or unsecured creditor or future creditor of the transferor regardless of whether the creditor has actual or constructive notice of the deed;
(4) Affect the transferor's or designated beneficiary's eligibility for any form of public assistance;
(5) Create a legal or equitable interest in the subject property in favor of the designated beneficiary; or
(6) Subject the subject property to claims or process of a creditor of the designated beneficiary. [L 2011, c 173, pt of §1]
Law Journals and Reviews
The Hawai`i Uniform Real Property Transfer on Death Act--Another Tool in the Estate Planner's Arsenal. 15 HBJ, no. 13, at 43 (2013).
2023 Hawaii Revised Statutes › Title 28. Property › 527. Uniform Real Property Transfer on Death Act › 527-13 Effect of transfer on death deed at transferor's death.

§527-13 Effect of transfer on death deed at transferor's death.
(a) Except as otherwise provided in the transfer on death deed, this section, or sections 560:2-202, 560:2-603, 560:2-702, 560:2-706, 560:2-707, 560:2-803, and 560:2-804, on the death of the transferor, the following shall apply to the subject property owned by the transferor at death:
(1) Subject to paragraph (2), the interest in the subject property shall be transferred to the designated beneficiary in accordance with the deed; provided that, for property of which any portion is registered in the land court pursuant to chapter 501, a petition noting the death of the transferor and requesting that a new certificate of title be issued in the name of the designated beneficiary shall be filed and processed with the land court before the interest in the subject property is transferred;
(2) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor and the interest of a designated beneficiary that fails to survive the transferor shall lapse;
(3) Subject to paragraph (4), concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship; and
(4) If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the subject property, any share that lapses or fails for any reason shall be transferred to the other beneficiaries in proportion to the interest of each in the remaining concurrently-held subject property.
(b) Pursuant to the filing requirements of chapter 501 or the recording provisions of [chapter] 502, as applicable, a beneficiary shall take the subject property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the subject property is subject at the transferor's death. For purposes of this subsection and the filing provisions of chapter 501 or the recording provisions of chapter 502, the filing or recording of the transfer on death deed is deemed to have occurred at the transferor's death.
(c) If a transferor is a joint owner and is survived by one or more other joint owners, the subject property shall belong to the surviving joint owner or owners with the right of survivorship and the transfer on death deed shall have no effect. If a transferor is a joint owner and is the last surviving joint owner, the transfer on death deed shall be effective.
(d) A transfer on death deed transfers the subject property without covenant or warranty of title even if the transfer on death deed contains a contrary provision. [L 2011, c 173, pt of §1]
Law Journals and Reviews
The Hawai`i Uniform Real Property Transfer on Death Act--Another Tool in the Estate Planner's Arsenal. 15 HBJ, no. 13, at 43 (2013).
2023 Hawaii Revised Statutes › Title 28. Property › 527. Uniform Real Property Transfer on Death Act › 527-15 Liability for creditor claims and statutory allowances.

§527-15 Liability for creditor claims and statutory allowances.
(a) To the extent the transferor's probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, the estate may enforce the liability against the subject property transferred at the transferor's death by a transfer on death deed.
(b) If more than one property is transferred by one or more transfer on death deeds, the liability under subsection (a) shall be apportioned among the subject properties in proportion to their respective net values at the time of the transferor's death.
(c) A proceeding to enforce liability under this section shall be commenced not later than eighteen months after the transferor's death. [L 2011, c 173, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 527. Uniform Real Property Transfer on Death Act › 527-16 Uniformity of application and construction.

§527-16 Uniformity of application and construction.
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact similar uniform legislation. [L 2011, c 173, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 527. Uniform Real Property Transfer on Death Act › 527-17 Relation to Electronic Signatures in Global and National Commerce Act.

§527-17 Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, P.L. 106-229, title 15 United States Code chapter 96, but does not modify, limit, or supersede title 15 United States Code, section 7001(c), or authorize electronic delivery of any of the notices described in title 15 United States Code, section 7003(b). [L 2011, c 173, pt of §1]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 531. Probate: Jurisdiction and Procedure › 531-15 Determination of bar to dower or curtesy.

§531-15
Determination of bar to dower or curtesy.
The bar to dower and curtesy or to rights by way of dower or curtesy provided by the second paragraph of sections 533-9 and 533-16, respectively, shall not operate except upon determination by order of a court of probate in proceedings for the administration of the estate, or by a court in proceedings for the determination of heirs, of the deceased spouse, and then only if claim of bar is made by a person claiming the estate, or any part thereof, or any interest therein. The spouse sought to be barred shall be notified of the claim and of the hearing thereon either by personal service or by publication of the notice thereof, in the manner provided for, and which may be included in, notice of determination of heirs or devisees or by both such personal and published service, as the court may direct. The order of determination shall be conclusive as to the rights of the surviving spouse, subject only to be reversed, set aside or modified on appeal. A certified copy of the order shall be recorded in the bureau of conveyances, in case the title to land is involved, and if the land affected has been registered in the land court, a like copy shall be filed in the office of the assistant registrar of the court unless the interest of the deceased spouse in such land consists solely of one or more leasehold time share interests as described in section 501-20. [L 1945, c 212, §3; RL 1955, §317-15; HRS §531-15; am L 1972, c 108, §1(a), (c); am L 1998, c 219, §13]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 531. Probate: Jurisdiction and Procedure › 531-20 Banks, fiduciaries to disclose property of decedents, when; penalty.

§531-20 Banks, fiduciaries to disclose property of decedents, when; penalty.
Every banking house, fiduciary company, agent, or trustee, as soon as practicable after the receipt of a written statement, verified by the oath of the person making the same, showing: the death of a person for whom such fiduciary holds property; that the person making the statement is a kinsman of the deceased, together with the relationship which existed; and that the person claims to be an heir of the deceased; shall disclose to the person making the statement the nature and kind of property so held.
Any fiduciary company, agent, or trustee, refusing so to disclose the nature and kind of property so held, shall be fined not more than $500. [L 1915, c 11, § §1-2; RL 1925, §2486; RL 1935, §4782; RL 1945, §12019; RL 1955, §317-20; HRS §531-20]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 531. Probate: Jurisdiction and Procedure › 531-28.5 Petition to sell real property.

§531-28.5 Petition to sell real property.
If required by the decedent's will or if demanded by a devisee in a testate probate proceeding or by an heir in an intestate probate proceeding, the personal representative or guardian shall present to the court having jurisdiction of the estate a petition setting forth the condition of the estate, and the facts and circumstances tending to show the necessity or expediency of the sale of real property. If it appears to the court either that it is necessary or that it would be advisable and for the benefit of the estate that the real property or any part thereof be sold, and that sufficient notice of the proposed sale has been given to interested persons as defined in section 560:1-201, the court may authorize the personal representative or guardian to sell the real property either at private sale or at public auction on such terms as the court shall order. [L 1980, c 260, §2; am L 1996, c 288, §2; am L 1997, c 244, §14]
Rules of Court
Sale of real property, see Hawaii Probate Rules, part B(VI).
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 531. Probate: Jurisdiction and Procedure › 531-33 Procedure to dispose of unclaimed personalty.

§531-33 Procedure to dispose of unclaimed personalty.
Whenever the personal representative of an estate is unable to discover any living heirs or legatees of the decedent, the personal representative shall give notice to all heirs or legatees by publication in such newspaper or newspapers and for such time as the court or registrar may direct, but not less than once a week for three successive weeks, of the date of the hearing upon the personal representative's final accounts or the date on which the personal representative's closing statement will be approved if no objection is filed, which notice shall direct all claimants of a distributive share in the estate of the decedent to appear and present their claims at the hearing or in writing prior to the date on which the closing statement will be approved if no objection is filed; provided that the time allowed for presentation of claims shall be not less than ninety days after the first publication of the notice.
If no claims are presented within the prescribed time, or if such claims as may be allowed do not exhaust the personalty of the estate, any personal estate remaining after the settlement and approval of the final accounts of the personal representative, and the payment of such distributive shares as may be allowed by the court or registrar shall upon order of the court be transferred to the state director of finance by the personal representative.
The director shall cause to be sold at public auction all such personalty as is so transferred, except cash or bonds of the State.
The personal estate shall be disposed of as provided in chapter 523A. [L 1925, c 190, § §1, 2, 3, 4; RL 1935, §4235; RL 1945, §12031; RL 1955, §317-32; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §531-33; am L 1974, c 75, §10; am L 1976, c 200, pt of §1; am L 1977, c 144, §60; am L 1979, c 105, §50; am L 1985, c 68, §23]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 531. Probate: Jurisdiction and Procedure › 531-51 to 531-61 REPEALED.

§ §531-51 to 531-61 REPEALED.
L 1976, c 200, pt of §1.
Cross References
For present provisions, see § §560:3-1201 to 560:3-1215.
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 531. Probate: Jurisdiction and Procedure › 531-71, 531-72 REPEALED.

§ §531-71, 531-72 REPEALED.
L 1976, c 200, pt of §1.
Cross References
For present provisions, see § §560:3-1201 to 560:3-1215.
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 531B. Disposition of Remains › 531B-2 Definitions.

§531B-2 Definitions.
As used in this chapter:
"Cemetery" means any property, or part interest therein, dedicated to and used or intended to be used for the permanent interment of human remains. It may be a burial park with one or more plots, for earth interment; a mausoleum with one or more vaults or crypt interments; a structure or place with one or more niches, recesses, or other receptacles for the interment of cremated remains, or any combination of one or more thereof.
"Conventional cremation" means the irreversible process of reducing human remains to bone fragments or skeletal remains through heat and evaporation.
"Cremated remains" means all human remains recovered after the completion of the cremation, which may include the residue of any foreign matter, including casket material, bridgework, or eyeglasses that were cremated with the human remains.
"Cremation" means conventional cremation or water cremation.
"Crematory" means a structure containing a furnace used or intended to be used for the conventional cremation of human remains.
"Estranged" means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent.
"Funeral establishment" means a place of business used in the care and preparation for interment or transportation of human remains, embalming, placing the same on display, or otherwise providing for final disposition of human remains.
"Hydrolysis equipment" means the equipment, machinery, or unit specifically designed and built for the purposes of processing human remains using water cremation. "Hydrolysis equipment" includes prebuilt and prepackaged hydrolysis units or equipment that is erected on site of a hydrolysis facility.
"Hydrolysis facility" means a structure, room, or other space in a building or structure containing hydrolysis equipment, to be used for water cremation.
"Mortuary" means a place of business devoted exclusively to furnishing funeral services and related commodities.
"Person" means an individual eighteen years of age or older.
"Water cremation" means alkaline hydrolysis, which is the reduction of human remains to bone fragments and essential elements using heat, pressure, water, and base chemical agents. [L 2013, c 17, pt of §2; am L 2022, c 294, §6]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 531B. Disposition of Remains › 531B-3 Direction for disposition.

§531B-3 Direction for disposition.
A person may provide written directions for the location, manner, and conditions of disposition of the person's remains in a testamentary disposition, in a pre-need contract pursuant to chapter 441, or by any written document signed by the person and notarized. The written directions may also include arrangements for funeral goods and services to be provided upon that person's death and shall take precedence over wishes or other direction by any other person. [L 2013, c 17, pt of §2]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 531B. Disposition of Remains › 531B-5 Written instrument to control disposition of remains.

§531B-5 Written instrument to control disposition of remains.
A person who wishes to authorize another person to control the disposition of remains and the arrangements for funeral goods and services may execute a written instrument before a notary public. The written instrument shall be in substantially the following form:
"State of___________________
County of___________________
I, _______________ do hereby designate ________________ as the sole person who will have the right to determine and decide the disposition of my remains upon my death and the arrangements for funeral goods and services. I __ have/ __ have not attached specific directions concerning the disposition of my remains. If I have attached specific directions, the designee shall substantially comply with the specific directions, provided the directions are lawful and there are sufficient resources in my estate to carry out the directions.
SIGNATURE: Sign and date the form here:
____________________________ ___________________________
(sign your name) (date)
____________________________
(print your name)
DECLARATION OF NOTARY:
Subscribed and sworn before me, __________________ (insert name of notary public), on this _____________ day of _______________, in the year _______.
Notary Seal
____________________________
(Signature of Notary Public)"
[L 2013, c 17, pt of §2]