What Do I Need to Sign My TOD Deed in Delaware?
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 requires 2 witnesses for a TOD deed25 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source. A witness must be at least 18 years old.
Yes. Delaware requires notarization for a TOD deed to be valid25 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source.
Delaware allows remote online notarization (RON) for TOD deeds29 Del. C. § 4320Verified Sep 4, 2026View source, a secure video session with an approved online notary. The state also accepts an out-of-state RON29 Del. C. § 4320Verified Sep 4, 2026View source.
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. A TOD deed works by being recorded against a specific parcel, so the deed must be a Delaware TOD deed recorded in the Delaware county where the property sits. A TOD deed signed in another state cannot transfer Delaware real property, however it was executed; real estate in more than one state needs a deed for each parcel. The Delaware document portability tool carries the recognition rule by document type.
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Free forms for planning your estate in Delaware: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
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.
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.
Tools for Planning Your Estate in Delaware
Free tools for planning your estate in Delaware: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
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.
Trust or Will: Which Costs Less?
In Delaware, a will-based plan pays probate attorney fees of typically 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; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living 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 for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Delaware runs $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 $299 up front with an online service, and probate on a $500,000 estate adds about $33,96412 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source.
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How Do I Name a Guardian for My Minor Children?
In Delaware, a parent names a guardian for a minor child in a will or a separate signed writingDel. Code tit. 12, § 3902(b)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Del. Code tit. 1, § 701Verified Sep 15, 2026View source.
Do I Need a Revocable Trust?
Probate in Delaware takes 9 months to 12 months for a simple estate and charges attorney fees of typically 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; assets held in a revocable trust skip both.
Do I Need a TOD Deed?
Delaware authorizes transfer on death deeds25 Del. C. Ch. 2, 201-221Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
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Delaware Estate Planning Resources
In-depth guides covering Delaware probate laws, trust requirements, and estate planning strategies.