Delaware transfer on death deed
A transfer on death deed lets you name who inherits your Delaware property without probate, while you keep full control, including the power to sell or mortgage it without anyone's signature. Here is exactly what Delaware requires, what it costs, and where to file it.
- Recording office
- Recorder of Deeds
- Witnesses
- 2 + notary
- Transfer tax
- None when recorded
- First-page margin
- Set by county
- Recording fee
- ~$55 first page
- E-recording
- Approved submitters
What a transfer on death deed does in Delaware
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado and Missouri) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate. Your beneficiaries then record the documents your state requires to show them as the owners; in a few states that filing has a deadline, or is what completes the transfer.
In Delaware the governing statute is Del. Code tit. 25, ch. 2. Delaware adopted the Uniform Real Property Transfer on Death Act effective December 4, 2025 (25 Del. C. §§ 201-221). The deed needs two witnesses and a notary, and it must be recorded with the Recorder of Deeds before the owner dies. Only an individual can make one, and only individuals can be named as beneficiaries, not a trust, charity or company (§§ 202, 205).
The Delaware law behind this deed
Start with Del. Code tit. 25, ch. 2 if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Transfer on death deeds specifically | Del. Code tit. 25, ch. 2 |
| Conveyances generally | Del. Code tit. 25, § 121 |
| Recording with the Recorder of Deeds | Del. Code tit. 9, § 9605 |
| Transfer tax | Del. Code tit. 30, § 5402 |
When Delaware property owners use a transfer on death deed
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
What Delaware requires on the deed
These are the execution and formatting rules recorders of deeds enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Delaware says |
|---|---|
| Recording office | Recorder of Deeds |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | 2 witnesses in addition to the notary. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Tax parcel number | Required on page one (9 Del. C. § 9605(f)). Deedly prints it at the top, above the preparer's name and address. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| Preparer statement | Required. Page one must say "Prepared by" followed by the preparer's name and address (9 Del. C. § 9605(h)). Deedly prints it. |
| Prior deed reference | Customary in Delaware, and Kent County asks for the deed book, page and instrument number on a transfer on death deed. Deedly prints a BEING clause for it under the legal description. |
| Page setup | 8.5 × 11 in, 1-inch side margins, nothing under 12pt. Page one follows your county recorder's own rules (9 Del. C. § 9605(g)): the tax parcel number, the preparer and the return address print in the upper right corner in New Castle County, at the left margin within the top third of the page in Kent County, and in the upper left inside a 2-inch top margin in Sussex County, which also gets a 2-inch bottom margin. |
| Accompanying form | None when you record it. |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
A transfer on death deed needs 2 witnesses in Delaware, even though 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 (25 Del. C. § 209(2)), and every signature on it, the witnesses' included, must be notarized (§ 209(1)). An ordinary Delaware deed needs no witnesses.
How to complete and record it in Delaware
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Recorder of Deeds can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with the wording and notary certificate used for Delaware deeds, and lays out page one the way your county's recorder asks.
- Sign in front of a notaryBring photo ID and 2 witnesses. Wait to sign until you are in front of the notary and the witnesses, who must see you sign.
- Record it with the Recorder of DeedsFile in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
- Tell your beneficiaries where it isAfter your death, your beneficiaries file a certified copy of your death certificate, with the transfer on death deed affidavit the Register of Wills provides, at the Register of Wills in the county where the property is (25 Del. C. § 218(b)). The affidavit tells the county where to send future property tax bills. If a probate estate is opened, the property is also listed on the estate's inventory (12 Del. C. § 1905; 25 Del. C. § 218(d)). The property passes at your death even if these papers are never filed (25 Del. C. § 218(f)).
What it costs in Delaware
| Cost | Typical amount |
|---|---|
| Recording fee | About $55 for the first page and roughly $15 per additional page |
| Transfer tax | None when recorded |
| Notary | A Delaware notary may charge at most $5 per notarial act on a paper document, and $25 on an electronic one (29 Del. C. § 4311). |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
A Delaware transfer on death deed owes no state, county or town realty transfer tax, and the recorder needs no transfer tax return, affidavit or estimated income tax form with it (30 Del. C. §§ 5401(1)a, 5402(g)).
Where to record it in Delaware
Delaware deeds are recorded with the Recorder of Deeds in the county where the property sits, not where you live. There are 3 counties in Delaware.
Many Delaware recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.
Recording offices we cover in Delaware: New Castle, Sussex, Kent. See all Delaware recording offices.
What a transfer on death deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only 34 states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If a beneficiary dies before you, what happens to their share depends on state law: in some states it passes to the other beneficiaries or to the beneficiary's descendants, in others it fails. Naming an alternate, where your state's form allows one, avoids the question.
Quirks of Delaware law that catch people out
- Delaware has only three counties (New Castle, Kent and Sussex), so there are just three recording offices statewide.
- Every deed must show the county tax parcel number, and the words "Prepared by" with the preparer's name and address, on page one, or the recorder will not record it (9 Del. C. § 9605(f), (h)).
- Delaware's realty transfer tax, 4% in most places, is one of the highest in the US, and a gift is taxed on the property's highest assessed value unless an exemption applies. A transfer on death deed owes none.
- 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.
- Only an individual can make a Delaware transfer on death deed, and only individuals can be its beneficiaries: not a trust, charity or company (25 Del. C. §§ 202, 205).
- Tenancy by the entirety is available and is the default presumption for married couples taking title together.
$49, one time. Your finished deed appears in full before you pay, with Delaware's witness rules, margins, and recording instructions already applied.
Common questions
No. Delaware has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization and 2 witnesses, and recording with the Recorder of Deeds. Deedly produces all of that for $49, versus roughly $150–$700 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $55 for the first page and roughly $15 per additional page. A Delaware transfer on death deed owes no state, county or town realty transfer tax, and the recorder needs no transfer tax return, affidavit or estimated income tax form with it (30 Del. C. §§ 5401(1)a, 5402(g)). Recording fees vary by county. Each county adds its own charges to the $30 state document fee (9 Del. C. §§ 9607(b), 9617, 9619). Where a page gives one Delaware figure instead of a county's, it is New Castle County's. A three-page deed costs about $85 in New Castle, $71 in Kent and $58 in Sussex County.
Yes. A Delaware transfer on death deed must be witnessed by two people, at least one of whom is not a beneficiary (25 Del. C. § 209(2)), and every signature on it, the witnesses' included, must be notarized (§ 209(1)). An ordinary Delaware deed needs no witnesses. Note that this is stricter than an ordinary Delaware deed, which needs no witnesses at all. Deedly puts the right number of witness lines on your document automatically.
With the Recorder of Deeds in the county where the property is located, not where you live, and not where the buyer lives. Delaware has 3 counties. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
Yes. Transfer on death deeds are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
Yes, for this property. On your death the property passes directly to the people you named, outside probate. They then file your death certificate, with the transfer on death deed affidavit the Register of Wills provides, at the Register of Wills in the county where the property is (25 Del. C. § 218). The property passes at your death even if they never file it (§ 218(f)). It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
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 life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for DelawareRecording offices, transfer tax, witness rules, and fees.
- Delaware recording officesWhere to file in each county.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed 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.