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.
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 Aug 24, 2026View source witnesses and notary acknowledgment25 Del. C. Ch. 2, 201-221Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's death25 Del. C. Ch. 2, 201-221Verified Aug 24, 2026View source.
Deeds and other real property documents for Kent County are recorded with the Recorder of Deeds, led by Recorder of Deeds Eugenia Thornton, at 555 Bay Road, Dover, DE 19901. Phone: 302-744-2314. Hours: Monday - Friday, 8:00 AM - 5:00 PM (recording hours: 8:00 AM - 3:00 PM).
The Recorder of Deeds charges $36 per document plus $10 for every page. A 2-page transfer on death deed is $56 in recording fees, before any required forms the office charges for. A transfer on death deed is exempt from transfer tax.
Kent County accepts electronic recording through Simplifile / CSC / ePN.
Recording Office Record
Kent County · Recorder of Deeds · Eugenia Thornton
Address
Phone
Fax
Hours
E-recording
Recording fees
| Document fee (per document) | $36 |
| Each page | $10 |
| Tax Parcel Number Fee | $5 |
| Non-Conforming Fee | $40 |
| Transfer tax on a TOD deed | Exempt |
Del. Code tit. 9, § 9619; Kent County Code Ord. Chapter 128-44 (eff. 10/28/2025)
Verified September 4, 2026 · Source
FirmDover, DE
Full-service Dover law firm established in 1981 with over 100 years of combined attorney experience. Provides estate planning services including wills, trusts, power of attorney, probate, and adult guardianships. Additional offices in Seaford and Lewes.
PracticesEstate PlanningProbateGuardianshipPowers Of Attorneyand 2 more
FirmDover, DE
One of southern Delaware's oldest and largest law firms, tracing roots to the 1950s and formally established in 1977. Offices in Dover, Rehoboth Beach, and Lewes serving Kent and Sussex counties. Handles trusts, wills, estates, real estate, business law, and civil litigation.
PracticesEstate PlanningProbateTrustsWills
Solo PracticeCamden, DE
Camden estate planning, elder law, and probate attorney serving Dover, Kent County, and Sussex County with over 30 years of experience. Offices in Camden and Lewes.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 3 more
FirmDover, DE
Full-service firm on The Green in Dover established in 2010, serving all Delaware courts. Strong focus on estate planning and elder law alongside family law practice.
PracticesEstate PlanningElder LawGuardianshipMedicaid Planningand 4 more
FirmDover, DE
Founded in 1961, the oldest law firm in Kent County. Decades of experience with estate law, revocable trusts, special needs trusts, durable power of attorney, healthcare directives, and probate. AV Preeminent rated by Martindale-Hubbell.
PracticesEstate PlanningProbateHealthcare DirectivesPowers Of Attorneyand 3 more
FirmSeaford, DE
Bilingual (English/Spanish) Sussex County firm with offices in Seaford and Camden serving Sussex and Kent counties. Estate planning, estate administration, real estate, and business transactions. Steve Nowak heads the Estate Planning Department.
PracticesEstate PlanningEstate AdministrationHealthcare DirectivesPowers Of Attorneyand 2 more
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.
Data sourced from Delaware statutes and official state code. How we research.
Estate planning articles for Delaware.
Forms and tools for property owners in Kent County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for Delaware.
