Delaware · 25 Del. C. §§201–221Delaware transfer on death deeds: the new rules and what they mean for a sale

Delaware's Uniform Real Property Transfer on Death Act applies to a TOD deed made before, on or after December 4, 2025, by a transferor dying on or after that date (25 Del. C. §203). An individual may transfer property to one or more beneficiaries effective at death (§205); the deed is revocable and takes the capacity required for a will (§§206, 208). It must have the elements of a recordable deed including notarization of the signatures, be witnessed by two individuals – at least one of them not a beneficiary – state that the transfer occurs at death, and be recorded before death with the recorder of deeds of the county where the property is (§209). A revocation must be a later TOD deed, an instrument of revocation or an inter vivos deed that expressly revokes it, acknowledged after the deed, witnessed by two individuals and recorded before death (§211). During life the deed doesn't affect the owner's right to transfer or encumber the property (§212). At death the surviving beneficiaries take subject to all mortgages, liens and other interests, a surviving joint owner keeps the property, and the deed gives no covenant or warranty of title (§213). If the probate estate can't cover allowed claims or statutory allowances, the estate may enforce them against the property in a proceeding started within 8 months after death (§215). A beneficiary may file the death certificate with a Register of Wills, on a notice form the Register may adopt, and if a probate estate is opened the property is inventoried – but failing to file doesn't invalidate a valid deed, which transfers the property immediately at death (§218). The Court of Chancery hears challenges to a TOD deed's validity or revocation (§219).