Do I Need a TOD Deed in Kent County, Delaware?
Delaware authorizes transfer on death deeds25 Del. C. Ch. 2, 201-221Verified Oct 17, 2026View source; in Kent County the Recorder of Deeds records one for $36 per document plus $10 for every page.
The Recorder of Deeds charges $36 per document plus $10 for every page. Most transfer on death deeds run two to four pages. Transfer on death deeds are exempt from transfer tax in Kent County.
Record the transfer on death deed at the Recorder of Deeds, 555 Bay Road, Dover, DE 19901. Office hours: Monday-Friday 8:00 AM-5:00 PM.
Yes. Kent County accepts e-recording through CSC, ePN and Simplifile. The office's e-recording portal carries the details.
A transfer on death deed in Delaware requires notary acknowledgment and 2 witnesses25 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source before it can be recorded in Kent County.
No. A transfer on death deed transfers only the property described in it. Bank accounts, vehicles and other real estate pass through a will (probate) or a trust. When a single deed is not enough, SimplyTrust sets up a revocable trust online that covers every property and account in one document.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Learn moreForms 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Do I Need a Vehicle TOD?
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.
How Much Is the Federal Gift Tax?
Whether a gift owes federal gift tax, how much of the annual exclusion and lifetime exemption it uses, and whether Form 709 is due.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable 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 and a simple will $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 $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Delaware, four years at a public university cost about $105,696NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax. Estate tax (30 Del. C. ch. 15, §§ 1501-1507) repealed outright by 81 Del. Laws, c. 52, § 1 (HB 16, 149th Gen. Assem.), effective for estates of decedents dying after Dec. 31, 2017; inheritance tax (30 Del. C. ch. 13, §§ 1301-1314) repealed by 71 Del. Laws, c. 353, § 10, effective Jan. 1, 1999; gift tax (30 Del. C. ch. 14) repealed by 71 Del. Laws, c. 130, § 1.Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
Delaware does not revoke an ex-spouse as beneficiary at divorce12 Del. C. § 209Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
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.
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.
How Much Does Probate Cost?
Probate on a $500,000 estate in Delaware costs an estimated $33,96412 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 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 under a reasonable-compensation standard.
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Delaware Estate Planning Resources
In-depth guides covering Delaware probate laws, trust requirements, and estate planning strategies.