What are the signing requirements for a Delaware transfer on death deed?

Delaware requires the owner's signature, 2 witnesses, and notary acknowledgment (25 Del. C. Ch. 2, 201-221). All signatures must be completed before recording.

Free Delaware Transfer on Death Deed

Free Delaware transfer on death deed form. Transfer property at death without probate. notary acknowledgment. Record before death. PDF.

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Owner Information

Enter your information as the property owner (transferor). If the property is jointly owned, you’ll add the second owner below.

How is the property owned?*

Choose “Jointly owned” if two people are on the title (e.g. spouses as joint tenants or tenants by the entirety). Both owners must sign.

I am the sole ownerJointly owned with one other person

First Name*

Middle Name

Last Name*

Street Address*

City*

State*

ZIP Code*

State Where Property Is Located*

County Where Property Is Located*

Email Address*

Phone Number*

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Frequently Asked Questions About Delaware Transfer on Death Deeds

A transfer on death deed in Delaware transfers real property directly to a named beneficiary upon the owner's death, without probate. The deed is revocable during your lifetime. Use the TOD deed checker to see if this is the right fit.

Delaware requires the owner's signature, 2 witnesses, and notary acknowledgment. All signatures must be completed before recording. See all Delaware signing requirements.

Yes. A Delaware transfer on death deed must be recorded with the County Recorder of Deeds before death to be effective. An unrecorded deed has no legal effect. Must be recorded in the office of the recorder of deeds in the county where the property is located before the transferor's death. Must include county tax assessment parcel ID (9 Del. C. 9605(f)) and "prepared by" with drafter name and address (9 Del. C. 9605(h)). 25 Del. C. 209; 9 Del. C. 9605.

Yes. Delaware allows multiple beneficiaries on a transfer on death deed. Unless specified otherwise, they take title as tenants in common.

Yes. A transfer on death deed in Delaware is revocable during the owner's lifetime (25 Del. C. 211). Delaware recognizes: Recording an instrument of revocation that expressly revokes the deed (must be acknowledged after original deed, witnessed by 2 individuals, and recorded before death); Recording a subsequent TOD deed that expressly or by inconsistency revokes the prior deed (must be acknowledged after original deed, witnessed by 2 individuals, and recorded before death); Recording an inter vivos deed that expressly revokes the TOD deed (must be acknowledged after original deed, witnessed by 2 individuals, and recorded before death).

No. A transfer on death deed only transfers the specific real property named in it. Bank accounts, investments, and other property pass through whatever else you have in place — a will (probate) or a trust. A revocable living trust covers everything in one document, including the property this deed transfers. Set up a trust if you want a single instrument for the whole estate.

Delaware Transfer on Death Deed

Delaware allows transfer on death deeds (Yes), which transfer real property directly to a named beneficiary at death without probate. The deed is revocable during the owner's lifetime and does not affect the ability to sell, mortgage, or otherwise use the property.

Probate in Delaware takes at least 6 months for simple estates. A TOD deed eliminates probate for the property it covers, regardless of value. For estates under $50,000, simplified procedures exist, but they still involve court paperwork. Compare the costs with the Delaware probate calculator.

A TOD deed covers only real property and requires a separate deed for each parcel. A revocable trust covers all asset types in a single document and avoids probate for everything it holds. For families with multiple assets beyond real estate, the trust vs. will comparison shows the trade-offs.

SimplyTrust Editorial·Updated July 15, 2026

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Data sourced from Delaware statutes and official state code. How we research.

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Frequently Asked Questions About Delaware Transfer on Death Deeds

Delaware requires the owner's signature, 2 witnesses, and notary acknowledgment. All signatures must be completed before recording. See all Delaware signing requirements.

Yes. Delaware allows multiple beneficiaries on a transfer on death deed. Unless specified otherwise, they take title as tenants in common.

Delaware Transfer on Death Deed

Free Delaware Transfer on Death Deed

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Frequently Asked Questions About Delaware Transfer on Death Deeds

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