Detailed Answer: What to do when co-owners with a joint survivorship deed die (Hawaii)

When one or more co-owners named on a deed that includes a right of survivorship die, the surviving owner(s) typically succeed to full ownership automatically by operation of law. In Hawaii, you generally do not need probate to transfer title if the deed expressly created a joint tenancy or a joint tenancy with right of survivorship and the surviving tenant(s) remain alive.

However, the county or the Bureau of Conveyances will not change the public record until you record documents that show the death and the surviving owner’s claim to title. Below are the practical steps most people follow in Hawaii to re-record or update the deed record after co-owners die.

1. Confirm the type of ownership on the recorded deed.

   Obtain a copy of the recorded deed from the Bureau of Conveyances (Oahu) or the county recording office (for property recorded by filing county documents). Look for language such as “joint tenants with right of survivorship,” “with right of survivorship,” or similar wording. If the deed explicitly creates survivorship, surviving owner(s) usually succeed to title automatically.

2. Obtain certified copies of the death certificate(s).

   Order an official, certified death certificate for each deceased co-owner from the state vital records office. The recorder will usually require a certified death certificate to accept a transfer-related filing.

3. Prepare and record a survivorship affidavit or other proof of death and right of survivorship.

   Many owners record a short affidavit (often called an Affidavit of Death of Joint Tenant or Survivorship Affidavit) signed and notarized by the surviving owner(s). That affidavit identifies the recorded deed, states the deceased co-owner(s) and the fact of death, and asserts the surviving person’s right to sole ownership under the recorded deed. Attach a certified death certificate when you record it with the Bureau of Conveyances.

   Hawaii’s recording office (Bureau of Conveyances) maintains filing requirements and accepted document types. See the Bureau of Conveyances website for filing instructions: https://boc.ehawaii.gov/.

4. Record the affidavit and certified death certificate at the Bureau of Conveyances.

   Record the survivorship affidavit together with the certified death certificate in the same place the original deed is recorded. Pay any recording fees and follow the Bureau’s formatting and signature/notary requirements. After recording, the public record will show the surviving owner as sole owner (or show updated ownership consistent with the survivorship language).

5. If the deed did not create survivorship (tenancy in common) or title is unclear, you may need probate or a court proceeding.

   If the deed grants ownership as tenants in common or lacks clear survivorship language, the deceased owner’s share may pass according to their will or by intestate succession. That usually requires opening probate in the Hawaii State Judiciary. The Hawaii probate self-help page explains the process and forms: https://www.courts.state.hi.us/self-help/probate.

6. If multiple co-owners died or the last surviving joint tenant died, check for a will or open probate.

   If all joint tenants are deceased at the same time (or the last surviving joint tenant also died), the property will not transfer by survivorship and will instead pass by will or intestacy. You or other interested parties may need to open a probate estate.

7. Resolve liens, taxes, and transfer taxes as needed.

   Confirm there are no outstanding mortgages, liens, unpaid property taxes, or conveyance tax obligations tied to the transfer. Clearing title or paying required taxes may be necessary before you can fully rely on the recorded change.

8. Consider a new deed for clarity.

   After recording the affidavit and death certificate, many surviving owners record a simple quitclaim or warranty deed from the surviving owner(s) to themselves (for example, from “Jane Doe, surviving joint tenant” to “Jane Doe, sole owner”) to create a clean single-owner deed for future transactions. This is optional but can simplify future sales or refinancing.

Useful official resources:

• Bureau of Conveyances (Hawaii) — general recording information: https://boc.ehawaii.gov/
• Hawaii State Judiciary — probate and estate administration resources: https://www.courts.state.hi.us/self-help/probate
• Hawaii Revised Statutes (official text of state law): https://www.capitol.hawaii.gov/hrscurrent/

When you must involve the probate court

Record a survivorship affidavit only if the recorded deed expressly created a right of survivorship and you (or other survivors) are entitled as surviving joint tenant(s). If the deed is vague, the recorded instrument does not create survivorship, or the deceased owned separate interests, then probate likely applies. Probate is also needed when the last survivorship owner dies or when title disputes arise among heirs. The Hawaii State Judiciary site above has guidance on starting probate and required forms.

Helpful Hints — Quick checklist before you record

• Locate the exact recorded deed (book/page or Bureau of Conveyances document number).
• Order certified death certificate(s) for the deceased co-owner(s).
• Confirm the deed’s survivorship language — survivorship must be explicit.
• Prepare a short, notarized affidavit referencing the recorded deed and attaching the certified death certificate(s).
• Review Bureau of Conveyances filing rules and fee schedule at https://boc.ehawaii.gov/.
• Record the affidavit and death certificate to update the public record; consider recording a new single-owner deed afterward for clarity.
• If unsure about the deed language, title issues, or tax/liens, consult a Hawaii real property attorney or title company before recording.

Common scenarios and what they mean

• One co-owner dies; surviving co-owner(s) listed as joint tenants with right of survivorship: Surviving owner(s) automatically take title. Record a survivorship affidavit + death certificate to update records.
• Deed lists owners as tenants in common: The decedent’s share passes by will or intestate succession. Probate or a small estate process is likely required.
• All co-owners named on the deed are deceased: Title does not pass by survivorship. Open probate or a successor proceeding to clear title.
• Document language is ambiguous: Do not record an affidavit until you confirm the legal effect; seek legal or title advice to avoid clouding title.