Transfer-on-Death Deed

Delaware recently allowed homeowners to name one or more beneficiaries to automaticaly recieve title to a real estate parcel upon the owner's death without going through probate.  

Executing and filing this powerful but revocable conveyance wlil save time and money when the inevitable happens.

This form must be executed in the presence of two unrelated witnesses and a Delaware notary public and filed with the Recorder of Deeds in the county where the property is located.

For properties in the state of Delaware, the form is the same for each county and can be downloaded below. 

For information about each county's process:

• New Castle County
• Kent County
• Sussex County

HB 147 implemented the Uniform Real Property Transfer on Death Act, explicitly authorizing a property owner to transfer ownership to disgnated persons effective at the owner's passing.

(Note: The Delaware DMV offers a somewhat similar path for motor vehicles using this form, which does not require notarization.)

DISCLAIMER

In accordance with Delaware Code Title 29, Chapter 43, Subchapter II, § 4336 (d) (2): 

I am not an attorney licensed to practice law in this State. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.