Do I Need a Transfer on Death Deed in Delaware?

A transfer on death deed in Delaware requires notarization (standard acknowledgment) and 2 witnesses. The signed deed must be recorded at the county recorder of deeds before death to be effective.25 Del. C. Ch. 2, 201-221Verified Apr 15, 2026

Yes. A transfer on death deedis revocable at any time during the owner's lifetime. Revocation methods in Delaware include: Recording an instrument of revocation that expressly revokes the deed (must be acknowledged after original deed, witnessed by 2 individuals, and recorded before death), Recording a subsequent TOD deed that expressly or by inconsistency revokes the prior deed (must be acknowledged after original deed, witnessed by 2 individuals, and recorded before death), Recording an inter vivos deed that expressly revokes the TOD deed (must be acknowledged after original deed, witnessed by 2 individuals, and recorded before death).25 Del. C. Ch. 2, 201-221Verified Apr 15, 2026

Delaware allows transfer on death deeds for all types of real property, including homes, land, condominiums, and commercial properties.25 Del. C. Ch. 2, 201-221Verified Apr 15, 2026

Yes. Delaware allows multiple beneficiaries on a transfer on death deed. If multiple beneficiaries are named, they take title as tenants in common unless the deed specifies otherwise.25 Del. C. Ch. 2, 201-221Verified Apr 15, 2026

A transfer on death deed transfers the property directly to the beneficiary at death, bypassing probate for that asset. Other assets not covered by a TOD deed, trust, or beneficiary designation still go through probate. Use the Delaware probate calculator to estimate the cost of probating remaining assets.