Estate Planning for Sussex County, Delaware Property Owners

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.

Record a TOD deedWhere to recordLocal attorneys

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.

Record a Transfer-on-Death Deed in Sussex County

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 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.

Create a Delaware TOD deed →Sussex County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Sussex County are recorded with the Recorder of Deeds at 2 The Circle, Georgetown, DE 19947. Phone: 1-302-855-7785. Hours: Monday-Friday 8:30 AM-4:30 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 and CSC.

Sussex County requires a 2-inch top margin on the first page, 1-inch side margins, type no smaller than 12 point on recorded documents.

Recording Office Record

Recorder of Deeds

Sussex County

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

2 The Circle, Georgetown, DE 19947

Open in Google Maps

Mail

P.O. Box 827 Georgetown, DE 19947

Fax

1-302-855-7787

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Sussex County

FirmMilton, DE

Adkins Law Firm, P.A.

Serves 1 county

Serves Sussex County from Milton. Guides executors and beneficiaries through estate administration before the Register of Wills, advises trustees on administering trusts that hold local real estate or family businesses, and handles trust disputes over validity, distributions and breach of fiduciary duty. Jason W. Adkins and Jennifer A. Tartt also practise real estate and business law.

PracticesEstate PlanningTrust AdministrationProbateTrust LitigationAsset Protection

Office
401 Broadkill RoadMilton, DE 19968
Virtual consultations

FirmMillsboro, DE

DiPietro Law, LLC

Serves 1 county

Serves Sussex County from offices in Millsboro and Millville. Represents executors through estate administration before the register of wills, advises trustees on trust administration, and handles adult guardianship petitions for relatives whose incapacity planning was not completed. Its VA-accredited attorneys help clients qualify for long-term care Medicaid, and meetings can be held virtually.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more

Office
108 Main StreetMillsboro, DE 19966
Virtual consultations

FirmGeorgetown, DE

Fuqua, Willard & Schab, P.A.

Serves 1 county

Serves Sussex County from the Paynter House on The Circle in Georgetown, with offices in Lewes and Rehoboth Beach. Attorney William Schab drafts wills and settles estates, and the firm handles wills, trusts and probate after a death in the family alongside real estate settlements and land use matters.

PracticesEstate PlanningProbateCriminal DefensePersonal InjuryReal Estate

Office
26 The CircleGeorgetown, DE 19947

Solo PracticeOcean View, DE

House of Townsend, P.A.

Since 2004 · Serves 1 county

Serves Sussex County from Ocean View, with by-appointment offices in Millsboro and Rehoboth Beach. Veronica Townsend handles probate and estate administration with the Register of Wills, including small-estate determinations, alongside wills, trusts, real estate settlements and business formation. Formerly Weidman & Townsend, the practice dates to 2004.

PracticesEstate PlanningProbateBusiness LawReal Estate

Office
118 Atlantic Avenue, Suite 202Ocean View, DE 19970

Solo PracticeGeorgetown, DE

Law Office of David W. Baker

Serves 1 county

Serves Sussex County from an office on South Race Street in Georgetown, the county seat. David W. Baker prepares wills and trusts and handles estates and asset protection.

PracticesEstate PlanningAsset Protection

Office
109 South Race StreetGeorgetown, DE 19947

Solo PracticeGeorgetown, DE

Law Office of Trapp Nicholl

Since 2023 · Serves 1 county

Serves Sussex County from Georgetown. Taylor Trapp Nicholl's estate work is planning: wills, pour-over wills, trusts, powers of attorney and advance healthcare directives, including revisions of existing wills; the site offers no probate or estate administration service. The firm, founded in 2023, publishes its estate planning fee schedule and offers a free initial estate planning consultation.

PracticesEstate PlanningPersonal InjuryWorkers Compensation

Office
13 Bridgeville Road, Floor 2Georgetown, DE 19947
Free consultation
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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.

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Legal Sources

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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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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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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