Serves Kent and Sussex counties from Dover, with further offices in Seaford and Lewes. Its Wills & Estates practice prepares wills, trusts, powers of attorney and advance directives and updates estate plans after divorce or custody changes; its main practices are personal injury and family law. Consultations for wills and estates matters carry a fee; the firm has practised in Delaware since 1981.
Estate Planning for Kent County, Delaware Property Owners
For most Kent County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Kent County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Register of Wills. The two tools that keep a Kent County home out of probate are a transfer-on-death deed recorded with the Recorder of Deeds, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Kent County property passes through the Register of Wills — even simple Delaware probates run 9+ months and start with about $30 in filing fees. Delaware also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
Record a Transfer-on-Death Deed in Kent County
A transfer on death deed names a beneficiary who receives Kent County property automatically at the owner's death, without probate. It is recorded with the Recorder of Deeds during the owner's lifetime and can be revoked at any time.
Before recording, a Delaware transfer on death deed is signed with 225 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source witnesses and notary acknowledgment25 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source. The deed takes effect only if it is recorded before the owner's death25 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source.
Where to Record Property Documents
Deeds and other real property documents for Kent County are 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.
The Recorder of Deeds charges $36 per document plus $10 for every page. A transfer on death deed is priced on its own line, $88 for the first 5 pages plus $10 for each page beyond 5. Recording a 2-page transfer on death deed in Kent County comes to $88. A transfer on death deed is exempt from transfer tax.
Kent County accepts electronic recording through CSC, ePN and Simplifile.
Kent County requires a 1.5-inch top margin on the first page, 1-inch side margins, type no smaller than 10 point on recorded documents.
Recording Office Record
Recorder of Deeds
Kent County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
555 Bay Road, Dover, DE 19901
Website
E-recording
Fax
1-302-736-2035
Recording fees
| Document fee (per document) | $36 |
| Each page | $10 |
| Transfer on death deed (the office’s own line) | $88 for the first 5 pages plus $10 for each page beyond 5 |
| Tax Parcel Number FeeNot required for a TOD deed | $5 |
| Non-Conforming Fee | $40 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
Del. Code tit. 9, § 9619; Kent County Code Ord. Chapter 128-44 (eff. 10/28/2025)
Document format requirements
- County rulea 1.5-inch top margin on the first page, 1-inch side margins, type no smaller than 10 point
Verified October 16, 2026 · Source
Estate Planning Attorneys Serving Kent County
Serves Sussex and Kent counties from offices in Georgetown, Dover and Ocean View. Prepares wills, powers of attorney, advance healthcare directives and complete estate plans alongside real estate transactions, with criminal defense and family law as the firm's other practices.
Serves Sussex County from Georgetown, with offices in Lewes, Rehoboth Beach, Bethany Beach and Milford. Its attorneys handle estate and probate administration for executors, administrators and heirs, will and trust contests, and Court of Chancery guardianship petitions, alongside elder-law and Medicaid planning. The firm traces its roots back more than 130 years.
Serves all three Delaware counties from Seaford, with further offices in Camden, Milford, Rehoboth Beach, Bethany Beach and Middletown. Represents executors, administrators, trustees and beneficiaries in probate filings, creditor notices, deed transfers and distributions, and in trust administration. Attorneys work in English and Spanish, and Steve Nowak heads the estate planning department.
Serves all three Delaware counties from offices in Wilmington, Dover, Lewes and Georgetown. The Estates & Trusts group advises executors and trustees on settling estates and administering trusts, and represents fiduciaries and beneficiaries in will contests, guardianship, accounting and fiduciary duty disputes. Its elder law practice handles Delaware Medicaid long-term care planning.
Serves New Castle, Kent and Sussex counties from Montchanin, near Wilmington. Andrew P. Taylor drafts wills, powers of attorney and advance health care directives and helps families with the administration and settling of an estate after a death. The firm's other practices are family law and real estate, and Taylor is Legal Counsel for the Delaware Association of Realtors.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(2)·
- 25 Del. C. Ch. 2, 201-221
- Del. Code tit. 9, § 9619; Kent County Code Ord. Chapter 128-44 (eff. 10/28/2025)
Data sourced from Delaware statutes and official state code. How we research.
Forms for Planning Your Estate in Delaware
Free forms for planning your estate in Delaware: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Delaware.
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Last Will and Testament
In Delaware, a will is signed before 212 Del. C. § 202Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimony12 Del. C. § 202Verified Oct 18, 2026View source.
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Codicil to a Will
In Delaware, a codicil is signed before 212 Del. C. § 202Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimony12 Del. C. § 1305Verified Oct 25, 2026View source.
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Free
Healthcare Power of Attorney
Delaware requires 116 Del. C. § 2511Verified Oct 15, 2026View source witness for a healthcare power of attorney; notarization is not required16 Del. C. § 2511Verified Oct 15, 2026View source.
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HIPAA Release
In Delaware, a HIPAA release names who may receive your records and, as the state requires, names genetic information16 Del. C. § 1201(4)(c), § 1202(a), § 1205(a)Verified Jun 20, 2026View source expressly before a provider releases it.
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Financial Power of Attorney
Delaware requires explicit durability language for a power of attorney to survive incapacity12 Del.C. §§ 49A-104, 49A-105, 49A-106, 49A-109, 49A-113, 49A-114, 49A-119, 49A-120, 49A-201, 49A-204 through 49A-217, 49A-301; 12 Del.C. §§ 5002, 5004, 5005; 25 Del.C. §§ 151, 154, 155, 172Verified Oct 21, 2026View source, and it is signed before 112 Del.C. §§ 49A-104, 49A-105, 49A-106, 49A-109, 49A-113, 49A-114, 49A-119, 49A-120, 49A-201, 49A-204 through 49A-217, 49A-301; 12 Del.C. §§ 5002, 5004, 5005; 25 Del.C. §§ 151, 154, 155, 172Verified Oct 21, 2026View source witness and a notary.
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Transfer on Death Deed
In Delaware, a transfer on death deed is signed before a notary25 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source and 225 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source witnesses, then recorded with the county before the owner's death25 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source. Delaware does not recognize a Lady Bird deed.
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Vehicle Transfer on Death
Delaware allows a transfer-on-death beneficiary designation on a vehicle title21 Del. C. § 2304Verified Oct 21, 2026View source, filed through the Delaware Division of Motor Vehicles (Department of Transportation) using Form MV2025.
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Free
Living Will
In Delaware, the living will is the Advance Health-Care Directive16 Del. C. Chapter 25 (Uniform Health-Care Decisions Act (2023)), §§ 2501-2530; health-care instruction §§ 2502(14), 2507; optional form § 2511Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
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Tools for Planning Your Estate in Delaware
Free tools for planning your estate in Delaware: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Delaware and read its answer.
How Do I Sign Estate Documents?
In Delaware, a will is signed before 212 Del. C. § 202Verified Oct 18, 2026View source witnesses, and notarization is not required12 Del. C. § 202Verified Oct 18, 2026View source.
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Will My Estate Documents Transfer?
Delaware recognizes a will signed under the law of the place where it was signed12 Del. C. § 1306Verified Oct 18, 2026View source; a will signed in Delaware itself needs 212 Del. C. § 202Verified Oct 18, 2026View source witnesses, and notarization is not required12 Del. C. § 202Verified Oct 18, 2026View source.
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Trust or Will: Which Costs Less?
In Delaware, a will-based plan pays probate attorney fees of typically 2.5%Modeled estimate under 12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.9%Modeled estimate under 12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
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How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Delaware runs $4,390Estimate: 10 hours at $439, Clio's Delaware Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,585Estimate: 15 hours at $439, Clio's Delaware Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
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How Much Does a Will Cost?
An attorney-prepared will in Delaware runs $1,317Estimate: 3 hours at $439, Clio's Delaware Trusts rate (no Wills and Estates rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,634Estimate: 6 hours at $439, Clio's Delaware Trusts rate (no Wills and Estates rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $33,96412 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source.
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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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How Do I Name a Guardian for My Minor Children?
In Delaware, a parent names a guardian for a minor child in a will or a separate signed writingDel. Code tit. 12, § 3902(b)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Del. Code tit. 1, § 701Verified Sep 15, 2026View source.
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Do I Need a Revocable Trust?
Probate in Delaware takes 9 months to 12 months for a simple estate and charges attorney fees of typically 2.5%Modeled estimate under 12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.9%Modeled estimate under 12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
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Delaware Estate Planning Articles
Estate planning articles for Delaware.
