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Delaware · RecordingDelaware recording fees: the $5 and $25 per-document charges and the nonresident seller rule

In Delaware the recorder of deeds in each county may require payment of the recording fees as soon as the date of reception is noted on the instrument. For each document or paper recorded or filed, the recorder collects a $5 surcharge for the Housing Development Fund and an additional $25 fee for the Delaware Cultural Access Fund; both are included in the assessment fee each county collects, and an instrument with one assessment fee counts as one document. The surcharges aren't collected on documents of common interest communities or civic associations where the county has waived its own fees for them (9 Del. C. §9607(a)–(b)). The same section adds a closing step for sellers who don't live in Delaware: before recording a deed conveying Delaware real estate by a nonresident individual, a nonresident pass-through entity or a nonresident corporation, the recorder must receive the tax return or report and collect the estimated income tax reported due, if any (§9607(e)). The base recording fee itself is set by each county.

What the statutes set

  1. Payment (§9607(a))

    The recorder may require fees as soon as reception is noted.

  2. Surcharges (§9607(b))

    $5 Housing Development Fund and $25 Cultural Access Fund per document.

  3. Nonresident sellers (§9607(e))

    Tax return received and estimated tax collected before the deed is recorded.

  4. Base fee

    Set by each county's assessment fee.

What the TC does with recording fees on a Delaware closing

  • Check the county office's current fee schedule and page limits before estimating.
  • Budget transfer taxes or other per-deed charges separately from the recording fee.
  • Track the recorded deed and mortgage release as tasks after closing.

Questions about Delaware recording fees

What surcharges apply to recording in Delaware?

A $5 Housing Development Fund surcharge and a $25 Delaware Cultural Access Fund fee for each document, included in the county's assessment fee (9 Del. C. §9607(b)).

Can a nonresident's deed be recorded in Delaware without the tax form?

No. The recorder must receive the tax return or report and collect any estimated income tax due before recording the deed (9 Del. C. §9607(e)).

Related guides

Track recording fees and the recorded documents as tasks on the deal in ClosingCode.

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Source: 9 Del. C. §9607 (delcode.delaware.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.