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There are two systems for the recording of documents in Hawaii: the Regular System and the Land Court System. Both systems are located in the State of Hawaiis Bureau of Conveyances which is in Honolulu, and there are no county recording offices.
Laws Article VII (Trust Administration) of the Hawaii Probate Code. Registration ( 560:7-101) All trusts must be registered in accordance with 560:7-102 and submitted to the Circuit Court Location of the Trustee.
Total costs can range as high as a few hundred dollars, or they may be less than $200. If you enlist the help of an attorney, youll have the peace of mind that an expert is on the case. But that peace of mind doesnt come free. Attorney fees vary from firm to firm, but costs could end up exceeding $1,000.
In a previous ke kumu article, we introduced the newly adopted Hawaiʻi Uniform Trust Code (UTC), which went into effect on January 1, 2022. In that article, we highlighted some of the important changes to trust law in Hawaiʻi following the UTCs enactment.
A trust needs no court approval and is effective on its own. The beneficiaries, assets, and terms of the trust never become public record.
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For a revocable living trust to take effect, it should be funded by transferring certain assets into the trust. Often people fund a living trust with real estate, financial accounts, life insurance, annuity certificates, personal property, business interests and other assets.
To make a living trust in Hawaii, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trusts beneficiariesthat is, who will get the trust property. Create the trust document.
Drawbacks of a Living Trust Paperwork. Setting up a living trust isnt difficult or expensive, but it requires some paperwork. Record Keeping. After a revocable living trust is created, little day-to-day record keeping is required. Transfer Taxes. Difficulty Refinancing Trust Property. No Cutoff of Creditors Claims.
In the State of Hawaii, a Living Trust is only needed to bypass probate if an individual has more than one hundred thousand dollars ($100,000) excluding vehicles (per 560:3-1201).
To register a trust, a person shall file with the clerk of the court in the judicial circuit in which the trust has its administrative situs a Trust Registration Statement that complies with the requirements of Rule 4 and contains the name of the trust, the date the trust was created, the name and address of the

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