Kauai County Gift Deed Form (Hawaii)
All Kauai County specific forms and documents listed below are included in your immediate download package:
Gift Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Kauai County compliant document last validated/updated 11/20/2024
Gift Deed Guide
Fill in the blank form formatted to comply with all recording and content requirements.
Included Kauai County compliant document last validated/updated 8/20/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included Kauai County compliant document last validated/updated 10/22/2024
The following Hawaii and Kauai County supplemental forms are included as a courtesy with your order:
When using these Gift Deed forms, the subject real estate must be physically located in Kauai County. The executed documents should then be recorded in the following office:
Hawaii Bureau of Conveyances
Kalanimoku Bldg - 1151 Punchbowl St #120 / PO Box 2867, Honolulu, Hawaii 96813 / 96803
Hours: 7:45am to 4:30pm / Recording: 8:00am to 3:30pm
Phone: (808) 587-0147
Local jurisdictions located in Kauai County include:
- Anahola
- Eleele
- Hanalei
- Hanamaulu
- Hanapepe
- Kalaheo
- Kapaa
- Kaumakani
- Kealia
- Kekaha
- Kilauea
- Koloa
- Lawai
- Lihue
- Makaweli
- Princeville
- Waimea
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Kauai County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Kauai County using our eRecording service.
Are these forms guaranteed to be recordable in Kauai County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Kauai County including margin requirements, content requirements, font and font size requirements.
Can the Gift Deed forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Kauai County that you need to transfer you would only need to order our forms once for all of your properties in Kauai County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Hawaii or Kauai County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Kauai County Gift Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Gift deeds convey title to real property from one party to another with no exchange of consideration, monetary or otherwise. Often used to transfer property between family members or to gift property as a charitable act or donation, these conveyances occur during the grantor's lifetime. Gift deeds must contain language that explicitly states that no consideration is expected or required. Ambiguous language, or references to any type of consideration, can make the gift deed contestable in court.
A lawful gift deed includes the grantor's full name, marital status, and mailing address, as well as the grantee's full name, marital status, vesting information, and mailing address. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or co-ownership. For Hawaii residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by the entirety. An estate conveyed to two or more people, including spouses, is considered a tenancy in common, unless the conveying instrument explicitly expresses otherwise (Haw. Rev. Stat. 509-1).
As with any conveyance of realty, include a complete legal description of the parcel. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property. The deed must be signed by the grantor and acknowledged by a notarial officer. If the notarial officer does not personally know the grantor, one witness must also sign the document (Haw. Rev. Stat. 28:502-42). All signatures must be original.
In Hawaii, when the amount of consideration is valued at $100 or less, the transfer is exempt from the conveyance tax. A completed Exemption from Conveyance Tax certificate (Form P-64B) is required. Record the completed gift deed with the Bureau of Conveyances. Contact the same office to confirm recording fees and accepted forms of payment.
Hawaii maintains two separate systems for recording: Land Court (Torrens) and Regular System. The Bureau of Conveyances records for both Land Court and Regular System. Check the prior deed to determine in which system to record. A label appearing in the upper left-hand corner signifies recording in the Land Court system; a label in the upper right-hand corner signifies recording in the Regular System. If both sides contain labels, the deed is dual-system recorded. Make sure to record in the correct system, and consult an attorney with any questions.
With gifts of real property, the recipient of the gift (grantee or donee) is not required to declare the amount of the gift as income, but if the property accrues income after the transaction, the grantee is responsible for paying the requisite state and federal income tax [1].
In Hawaii, there is no state gift tax, but gifts of real property are subject to the federal gift tax. The person or entity making the gift (grantor or donor) is responsible for paying the federal gift tax; however, if the donor does not pay the gift tax, the donee (grantee) will be held liable [1]. For questions regarding state and federal tax laws, consult a tax specialist.
In accordance with federal law, individuals are permitted an annual exclusion of $15,000 on gifts. This means that gifts valued below $15,000 do not require a federal gift tax return (Form 709). However, if the gift's value could possibly be disputed by the IRS, a donor may benefit from filing a Form 709 [2].
This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a Hawaii lawyer with any questions about gift deeds or other matters related to the transfer of real property.
[1] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf
[2] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes
Our Promise
The documents you receive here will meet, or exceed, the Kauai County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Kauai County Gift Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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November 27th, 2024
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November 27th, 2024
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January 8th, 2020
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September 13th, 2019
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August 20th, 2020
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September 13th, 2022
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