For most New Castle 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 New Castle 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 New Castle 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, New Castle 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 New Castle 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 New Castle County are recorded with the Recorder of Deeds, led by Recorder of Deeds Michael E. Kozikowski, Sr, at 800 N. French St., Fourth Floor, Wilmington, DE 19801. Phone: 302-395-7700. Hours: Monday - Thursday, 8:00 AM - 4:00 PM (recording windows close 3:45 PM); Friday, 8:00 AM - 1:00 PM (recording windows close 12:45 PM).
The Recorder of Deeds charges $35 per document plus $13 for every page. Recording a 2-page transfer on death deed in New Castle County comes to $61. A transfer on death deed is exempt from transfer tax.
New Castle County accepts electronic recording through Simplifile / CSC / ePN / Indecomm.
Recording Office Record
New Castle County · Recorder of Deeds · Michael E. Kozikowski, Sr.
Address
Phone
Fax
Hours
E-recording
Recording fees
| Document fee (per document) | $35 |
| Each page | $13 |
| Tax Parcel Number Fee | $3 |
| Transfer tax on a TOD deed | Exempt |
Del. Code tit. 9, § 9617; NCC Recorder of Deeds Fee Schedule (rev. 1/28/2020)
Verified September 4, 2026 · Source
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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 New Castle 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.
