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 Jul 13, 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 Jul 13, 2026
Delaware allows Remote Online Notarization (RON) for TOD deeds.25 Del. C. Ch. 2, 201-221Verified Jul 13, 2026 The notarization can be completed via secure video call with an approved RON provider. 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). Whether the 2 required witnesses may attend by video is unresolved
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.
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Delaware Estate Planning Resources
In-depth guides covering Delaware probate laws, trust requirements, and estate planning strategies.
