Do I Need a Transfer on Death Deed in Delaware?

A transfer on death deed in Delaware requires notary acknowledgment and 2 witnesses. The signed deed must be recorded at the county recorder of deeds before death to be effective. Must be recorded in the office of the recorder of deeds in the county where the property is located before the transferor's death. Must include county tax assessment parcel ID (9 Del. C. 9605(f)) and "prepared by" with drafter name and address (9 Del. C. 9605(h)). 25 Del. C. 209; 9 Del. C. 9605.25 Del. C. Ch. 2, 201-221Verified Jul 13, 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 Jul 13, 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 Jul 13, 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 Jul 13, 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.