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Hawaii Renunciation And Disclaimer of Joint Tenant or Tenancy Interest - Hawaii 2026

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The document is a legal form for the renunciation and disclaimer of joint tenant interest in property following the death of a decedent. The surviving joint tenant formally disclaims any rights to the property, stating that it will devolve to others as if they had predeceased the decedent. The disclaimer must be filed within nine months of the decedent's death and is irrevocable.

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Click ‘Get Form’ to open it in the editor.
Begin by filling in your name as the surviving joint tenant in Section I. This identifies you as the individual disclaiming interest.
In Section II, enter the name of the decedent and their date of death. This information is crucial for establishing the context of your disclaimer.
Section III requires you to confirm that this disclaimer will be filed within nine months after the decedent's death. Ensure you are aware of this timeline.
In Section IV, provide a detailed description of the property in question. Be specific to avoid any ambiguity regarding what is being disclaimed.
Review Section V where you formally renounce any interest in the property. This section solidifies your decision legally.
Complete Sections VI and VII by acknowledging that this disclaimer relates back to the date of death and sign where indicated. Don’t forget to include dates and your signature.

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What is a disclaimed property?

What does Disclaimer mean? The right of a trustee in bankruptcy, Liquidator or the Crown to disclaim onerous property (often a leasehold interest). The effect is to bring any ongoing liabilities (of the bankrupt, company or the Crown) in relation to the property to an end.

What is joint tenancy with right of survivorship in Hawaii?

Each joint tenant holds an equal undivided interest in the property. Right of survivorship means that when a joint tenant dies, his interest automatically passes to and is divided equally among the remaining joint tenants.

Can joint property be disclaimed?

Thus, a surviving joint tenant may disclaim the one-half survivorship interest in property that the joint tenant held either in joint tenancy with right of survivorship or in tenancy by the entirety, within 9 months of the death of the first joint tenant to die.

Can you disclaim part of an asset?

You need not disclaim the entirety of a bequest. You may disclaim just a percentage, or one or more specific items. For example, if a parent has left you a brokerage account, and a home in need of expensive repairs, you may decide you want the brokerage account, but not the home.

When a property is jointly owned, what happens on death?

Normally when property is purchased jointly there is a survivorship clause, meaning that on the death of one of the joint owners, their share in the property automatically passes to the survivor(s).

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Can a spouse be trustee of a disclaimer trust?

At the time the disclaimer needs to be executed, the surviving spouse will also know the exact value of the couples assets. The surviving spouse may serve as sole trustee of this trust and may have certain powers to distribute assets even though the surviving spouse is a beneficiary.

How to disclaim an inheritance in Hawaii?

(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.

Hawaii Renunciation And Disclaimer of Joint Tenant or Tenancy Interest - Hawaii 2026

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