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Transfer on Death Deed Laws in Delaware

Delaware allows transfer on death deeds under its Uniform Real Property Transfer on Death Act, effective for owners dying on or after December 4, 2025, and the deed must be recorded before the owner's death.

Last checked . General information, not legal advice.

Delaware at a glance

TOD deed allowed
Yes (since December 4, 2025)
Applies to transferors who die on or after December 4, 2025.
Uniform act adopted
Yes
Enacted by 85 Del. Laws c. 212 as Title 25, Chapter 2.
Recording rule
Before the owner's death
Must be recorded with the county recorder of deeds; it also must be notarized and signed before 2 witnesses, at least 1 not a beneficiary.

Sources

Last checked

The rules in Delaware

Does Delaware allow transfer on death deeds for real estate?

Yes (since December 4, 2025). TOD deed allowed in Delaware: yes (since december 4, 2025). Applies to transferors who die on or after December 4, 2025.

Has Delaware adopted the Uniform Real Property Transfer on Death Act?

Yes. Uniform act adopted in Delaware: yes. Enacted by 85 Del. Laws c. 212 as Title 25, Chapter 2.

When must a transfer on death deed be recorded in Delaware?

Recording rule in Delaware: Before the owner's death. Must be recorded with the county recorder of deeds; it also must be notarized and signed before 2 witnesses, at least 1 not a beneficiary.

Where do the Delaware transfer on death deed laws come from?

The rules above come from 25 Del. C. 201, 25 Del. C. 203 and 25 Del. C. 209. Each source is linked on this page. We last checked them in October 2026.

Good to know

Delaware's version requires notarization and 2 witnesses, at least 1 of whom is not a beneficiary.

The law was enacted in 2025 (85 Del. Laws c. 212) and applies to owners who die on or after December 4, 2025.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.