For most Sussex 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 Sussex 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 Sussex 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.
Skipping this planning step means the Register of Wills decides who receives the property: a simple Delaware probate takes 9+ months and opens with about $30 in court 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 Sussex 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 Sussex County are recorded with the Recorder of Deeds, led by Recorder of Deeds Alexandra Reed Baker, at 2 The Circle, Georgetown, DE 19947. Phone: 302-855-7785. Hours: Monday - Friday, 8:30 AM - 4:30 PM (recording window closes 4:00 PM).
Documents submitted by mail go to P.O. Box 827, Georgetown, DE 19947.
The Recorder of Deeds charges $31 per document plus $9 for every page. A 2-page transfer on death deed costs $49 to record in Sussex County. A transfer on death deed is exempt from transfer tax.
Sussex County accepts electronic recording through Simplifile / CSC.
Recording Office Record
Sussex County · Recorder of Deeds · Alexandra Reed Baker
Address
Phone
Fax
Hours
E-recording
Recording fees
| Document fee (per document) | $31 |
| Each page | $9 |
| Non-Compliance Recording Fee | $30 |
| Transfer tax on a TOD deed | Exempt |
Del. Code tit. 9, § 9617; Sussex County Fee Schedule (eff. 7/1/2024)
Verified September 4, 2026 · Source
Solo PracticeMilton, DE
Family-owned Sussex County law firm in Milton handling estate planning, wills, trusts, estate administration, probate, and estate litigation. Also serves real estate and business law clients.
PracticesEstate PlanningEstate AdministrationProbateTrust Litigationand 2 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
Solo PracticeOcean View, DE
Formerly John F. Robbert, Attorney at Law. Estate, trust, and Medicaid planning practice in Ocean View serving Sussex County. Also has an Annapolis, MD office.
PracticesEstate PlanningTrust AdministrationProbateMedicaid Planningand 2 more
Solo PracticeGeorgetown, DE
Georgetown solo practitioner with over 35 years of experience handling estate planning, wills, trusts, living wills, powers of attorney, living trusts, probate, and asset protection. Also handles family law matters.
PracticesEstate PlanningProbateAsset ProtectionPowers Of Attorneyand 2 more
FirmMillsboro, DE
Boutique Sussex County firm dedicated exclusively to estate planning, estate administration, and elder law. Offices in Millsboro and Millville serving southern Delaware and the Maryland corridor. Focuses on elder law issues including Medicaid and VA planning.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 6 more
FirmGeorgetown, DE
Established Sussex County law firm located on The Circle in Georgetown where the Courts and County Government are headquartered. Four attorneys and support staff handle wills, trusts, probate, estate planning, real estate, and personal injury. Known for personalized service and in-depth knowledge in select practice areas.
PracticesEstate PlanningProbateTrustsWills
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 Sussex 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.
