Delaware Transfer on Death Deed: What Homeowners Need to Know

Delaware homeowners now have another estate-planning option for transferring real estate to loved ones without requiring that property to pass through probate.

In 2025, Delaware enacted the Uniform Real Property Transfer on Death Act, creating the Transfer on Death Deed, commonly referred to as a TOD deed or TODD.

The law allows an individual property owner to designate one or more beneficiaries who will receive the owner's interest in Delaware real estate upon the owner's death.

What Is a Transfer on Death Deed in Delaware?

A Transfer on Death Deed is a recorded deed that names the person or people who will receive a particular piece of real estate when the property owner dies.

Unlike adding someone to your deed during your lifetime, a TOD deed does not give the beneficiary a present ownership interest in the property. The property owner remains in control during their lifetime.

What Does a Delaware TOD Deed Allow You to Do?

• You remain the owner of the property during your lifetime.
• The beneficiary has no legal or equitable ownership interest while you are living.
• You may continue to sell, mortgage or otherwise transfer the property.
• A TOD deed can be changed or revoked during your lifetime.
• The beneficiary does not need to accept the TOD deed during your lifetime for it to be effective.
• Upon your death, the property interest can transfer directly to the designated beneficiary without going through the normal probate process for that real estate.

Does a Transfer on Death Deed Avoid Probate in Delaware?

Generally, yes. The purpose of Delaware's Transfer on Death Deed law is to allow real property covered by a valid TOD deed to transfer directly to the named beneficiary upon the property owner's death rather than through probate.

However, a TOD deed applies specifically to the real estate described in the deed. It does not replace a complete estate plan or determine what happens to other assets.

What Is Required for a Delaware Transfer on Death Deed?

Delaware law contains specific requirements for a Transfer on Death Deed. A valid TOD deed must:

• Contain the necessary elements and formalities of a recordable deed.
• State that the property will transfer to the designated beneficiary upon the owner's death.
• Be witnessed by two individuals, with at least one witness who is not a beneficiary.
• Have the required signatures properly notarized.
• Be recorded before the property owner's death.
• Be recorded with the Recorder of Deeds in the county where the property is located.

If these requirements are not properly completed, the deed may not accomplish the intended transfer.

View Delaware's Transfer on Death Deed law

Can a Transfer on Death Deed Be Changed or Revoked?

Yes. A Delaware TOD deed is revocable during the property owner's lifetime.

Once a TOD deed has been recorded, Delaware law provides specific procedures for revoking or replacing it. Because a recorded deed becomes part of the public land records, property owners should follow the proper legal process when making changes.

Can You Still Sell or Mortgage the Property?

Yes. A TOD deed does not take away the owner's ability to sell, transfer, refinance or mortgage the property during their lifetime.

If the owner no longer owns the property at the time of death, there generally is no property interest remaining for that TOD deed to transfer.

Does the Beneficiary Own Anything While You Are Alive?

No. One of the important features of Delaware's law is that the designated beneficiary receives no legal or equitable ownership interest in the property while the owner is living.

The property owner remains in control.

What Happens to Mortgages and Liens?

A Transfer on Death Deed does not erase existing financial obligations associated with the property.

A beneficiary may receive the property subject to existing:

• Mortgages
• Liens
• Encumbrances
• Contracts
• Other interests affecting the property

A TOD deed is a method of transferring ownership. It is not a way to eliminate debts or claims against the property.

What if Your Will Says Something Different?

A properly recorded Transfer on Death Deed can affect how the property passes at death even when other estate-planning documents address the same real estate.

This is one reason property owners should consider how a TOD deed fits with their overall estate plan and consult a qualified attorney when appropriate.

Where Is a Transfer on Death Deed Recorded?

The law applies statewide, but the deed is recorded with the Recorder of Deeds in the county where the property is located.

New Castle County

New Castle County provides Transfer on Death Deed information, frequently asked questions, forms and additional guidance through the Recorder of Deeds.

New Castle County Transfer on Death Deed Information & Forms

Kent County

Kent County provides Transfer on Death Deed information, forms, recording requirements and frequently asked questions through the Recorder of Deeds.

Kent County Transfer on Death Deed Information & Forms

Sussex County

Sussex County provides Transfer on Death Deed information and forms through the Sussex County Recorder of Deeds.

Sussex County Transfer on Death Deed Information & Forms

Is a Transfer on Death Deed Right for Every Delaware Homeowner?

Not necessarily. A TOD deed may be useful for some property owners, but estate planning can involve much more than determining who receives a home.

Considerations may include:

• Multiple property owners
• Multiple beneficiaries
• Existing mortgages or liens
• Creditor claims
• Blended families
• Trusts and wills
• Tax considerations
• Long-term care planning
• Beneficiaries receiving public benefits
• Potential disagreements among heirs

Because everyone's circumstances are different, Delaware property owners should consider discussing a Transfer on Death Deed with a qualified attorney before preparing or recording one.

A New Option for Delaware Property Owners

The Transfer on Death Deed gives Delaware homeowners another tool for determining how their real estate will pass to loved ones.

The owner retains control of the property during their lifetime, while a properly completed and recorded TOD deed can provide for a direct transfer to the named beneficiary upon death.

For many Delaware homeowners, it is an option worth knowing about even if they ultimately decide that a will, trust or another estate-planning strategy is a better fit.

Disclaimer: This information is provided for general educational purposes only and is not legal, tax or estate-planning advice. Laws and individual circumstances can vary. Property owners should consult a qualified attorney, tax professional or other appropriate professional regarding their individual circumstances.