Transfer on Death Deed for Kent County, Delaware

In Delaware, a transfer on death deed is signed before a notary and 2 witnesses, then recorded with the county before the owner's death. In Kent County, the Recorder of Deeds records it for $36 per document plus $10 for every page.

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

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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

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County Where Property Is Located*

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Delaware prescribes no form. The deed must state that the transfer to the designated beneficiary is to occur at the transferor's death.

A Delaware transfer on death deed is recorded with the County Recorder of Deeds for the county where the property sits and must be on record before the owner's death to take effect. The deed 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. After the owner's death, the beneficiary records an affidavit of death to put the death on the land records.

Co-owners may sign one deed together. The deed is signed by every owner whose interest it transfers.

Delaware lapses the share of a beneficiary who dies before the owner. The deed can name a successor beneficiary to take in that case. If a designated beneficiary does not survive the transferor, that beneficiary's interest lapses (25 Del. C. 213(a)(2)). The alternate beneficiary designated in this deed for that beneficiary, if any, takes that interest (25 Del. C. 213(a)).

The beneficiary takes the property subject to the mortgages, liens and other encumbrances on it at death. A transfer on death deed keeps the property out of probate, but Delaware's Medicaid estate recovery reaches all of the transferor's real property, not only probate property (25 Del. C. 5001(c), 5003). The deed moves this parcel alone; a revocable living trust set up with SimplyTrust carries the rest of the estate.

Recording a Transfer on Death Deed in Kent County

A transfer on death deed for Kent County property is recorded with the Recorder of Deeds at 555 Bay Road, Dover, DE 19901. Phone: 1-302-744-2314. Hours: Monday-Friday 8:00 AM-5:00 PM.

Recording costs $36 per document plus $10 for every page; a 2-page TOD deed records for $88; TOD deeds are exempt from transfer tax. Page count, cover sheets, and any local transfer-tax add-ons can change the final amount, so confirm the total with the Recorder of Deeds before submitting. Kent County accepts e-recording through CSC, ePN and Simplifile.

Before recording, a Delaware transfer on death deed needs 2 witnesses and notary acknowledgment. The deed must be recorded before the owner's death to take effect.

After the owner's death, the beneficiary records an affidavit of death with the Recorder of Deeds to put the death on the land records: prepare it for Kent County.

Legal Sources

(3)·Updated October 16, 2026

SimplyTrust Editorial

25 Del. C. Ch. 2, 201-221
Del. Code tit. 9, § 9619; Kent County Code Ord. Chapter 128-44 (eff. 10/28/2025)
kentcountyde.gov

Data sourced from Delaware statutes and official state code and Recorder of Deeds primary sources (3 pages reviewed). How we research.

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Transfer on Death Deed for Kent County, Delaware

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Transfer on Death Deed for Kent County, Delaware

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