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Home→Tools→Signing Requirements Checker→Delaware→TOD Deed

What Do I Need to Sign My TOD Deed in Delaware?

Witness, notary, and remote online notarization (RON) requirements for TOD deeds in Delaware.

Frequently Asked Questions

Delaware requires 2 witnesses for a tod deed.25 Del. C. Ch. 2, 201-221Verified Apr 15, 2026 Witnesses must be at least 18 years old.

Yes, notarization is required for a tod deed to be valid in Delaware.25 Del. C. Ch. 2, 201-221Verified Apr 15, 2026

Delaware allows Remote Online Notarization (RON) for tod deeds.25 Del. C. Ch. 2, 201-221Verified Apr 15, 2026 The notarization can be completed via secure video call with an approved RON provider, without meeting in person. The state also accepts out-of-state RON.

To execute a tod deed in Delaware: Find 2 adults to serve as witnesses. Review witness restrictions to ensure eligibility. Schedule a notary appointment (in-person or online via RON). Wet signature and physical recording required

No. TOD deeds work by being recorded against a specific parcel of real estate, so the deed must be a Delaware TOD deed recorded with the Delaware county where the property sits. A TOD deed signed in another state cannot transfer Delaware real property, regardless of how it was executed. If you own real estate in more than one state, each parcel needs its own state-appropriate TOD deed. See the document portability tool for the full breakdown.

TOD Deed Signing in Delaware

Delaware sets specific execution requirements for tod deeds. The witness, notary, and format rules below are what banks, hospitals, and courts will actually look for.

RON is a clean path for Delaware tod deeds: the state both authorizes RON itself and recognizes RON performed under other states' rules. Either route lets the notarization happen via secure video call rather than in person.

Check whether a TOD deed is available for Delaware property.

Delaware Estate Planning Resources

In-depth guides covering Delaware probate laws, trust requirements, and estate planning strategies.

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