Delaware property deeds
Deed rules are state law, and Delaware's differ from its neighbours in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- Recording office
- Recorder of Deeds
- Witnesses
- Notary only
- Transfer tax
- 4% of consideration total
- First-page margin
- 3″ top
- Recording fee
- ~$40 first page
- E-recording
- Generally available
Deeds Delaware recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer on death deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | Yes |
| Lady bird deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
Delaware does not recognize lady bird deeds. Recording one here wouldn't achieve what you want.
How a deed has to be signed in Delaware
Delaware requires the grantor's signature to be acknowledged before a notary public. No witnesses are required.
A Delaware transfer on death deed needs 2 witnesses. An ordinary Delaware deed needs none
A Delaware transfer on death deed must be witnessed by two people, at least one of whom is not a beneficiary, in addition to notarization (Del. Code tit. 25, ch. 2). An ordinary Delaware deed needs no witnesses.
| Requirement | Rule |
|---|---|
| Notarization | Required for every signature |
| Witnesses | None on an ordinary deed. 2 on a transfer on death deed. |
| Preparer statement | Customary, not required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | Not generally required |
Delaware document formatting rules
Recorders of deeds in Delaware expect 8.5 × 11 inch paper with a 3-inch top margin on the first page and 1-inch margins elsewhere. Type must be at least 10 point. That top margin is the recorder's stamp area. Writing into it is the most common formatting rejection there is.
Delaware transfer tax and recording fees
Delaware charges Realty transfer tax at 4% of consideration total (2.5% state plus 1.5% county or municipal), customarily split between buyer and seller. Customarily paid by the negotiated. Delaware's combined 4% rate is among the highest in the country. Confirm your exemption before signing.
Common exemptions: transfers between spouses, gifts between parent and child or other close family, transfers to a trust for the grantor's benefit, and first-time homebuyer reduction on the buyer's share.
Recording fees run about $40 for the first page. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
How to hold title in Delaware
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
- Tenancy by the entirety. Married couples only, with automatic survivorship and, in most states that allow it, protection from one spouse's creditors.
Where to record a deed in Delaware
Deeds are recorded with the Recorder of Deeds in the county where the property is located. Delaware has 3 counties. Most offices accept e-recording through a submitting service, which is usually same-day.
New Castle · Sussex · Kent. all Delaware recording offices
Why deeds get rejected in Delaware
- Delaware has only three counties (New Castle, Kent, and Sussex) so there are just three recording offices statewide.
- Delaware's 4% combined realty transfer tax is one of the highest in the US. Family and spousal exemptions matter a lot here.
- Delaware allowed transfer on death deeds starting December 4, 2025. Almost everything written before then says Delaware has none.
- A Delaware TOD deed needs two witnesses, and at least one of them cannot be a beneficiary. Ordinary Delaware deeds need no witnesses at all.
- Tenancy by the entirety is available and is the default presumption for married couples taking title together.
From $39. Every Delaware rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized, and record it with the Recorder of Deeds in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a transfer-on-death deed for probate avoidance.
No. Delaware does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
About $40 for the first page. Delaware also charges realty transfer tax at 4% of consideration total (2.5% state plus 1.5% county or municipal), customarily split between buyer and seller.
Yes. The statute is Del. Code tit. 25, ch. 2. Delaware calls it a transfer on death deed. It must be recorded before the owner's death to be effective.
Keep reading
- Delaware quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Delaware general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Delaware special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Delaware transfer on death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- Delaware recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.