Delaware transfer on death deed
A transfer on death deed lets you name who inherits your Delaware property without probate, while you keep full ownership and the right to change your mind. Here is exactly what Delaware requires, what it costs, and where to file it.
- Recording office
- Recorder of Deeds
- Witnesses
- 2 + notary
- Transfer tax
- 4% of consideration total
- First-page margin
- 3″ top
- Recording fee
- ~$40 first page
- E-recording
- Generally available
What a transfer on death deed does in Delaware
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado, Missouri and New Mexico) 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 on proof of death.
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. The deed needs two witnesses and a notary, and it must be recorded with the Recorder of Deeds before the owner dies.
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. Every signature must be made in the notary's presence. |
| Witnesses | 2 witnesses in addition to the notary. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
| 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, in addition to notarization (Del. Code tit. 25, ch. 2). 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 Delaware's statutory language, the correct notary block, and the 3-inch first-page margin recorders of deeds expect.
- Sign in front of a notaryBring photo ID and 2 witnesses. Do not sign in advance. Every signature has to be made in the notary's presence.
- Record it with the Recorder of DeedsFile in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Tell your beneficiaries where it isAfter your death they will need the recorded document plus a certified death certificate, and in most states an affidavit of death, to complete the transfer.
What it costs in Delaware
| Cost | Typical amount |
|---|---|
| Recording fee | About $40 for the first page |
| Transfer tax | Realty transfer tax: 4% of consideration total (2.5% state plus 1.5% county or municipal), customarily split between buyer and seller |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $69, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
Delaware charges a realty transfer tax of 4% of consideration total (2.5% state plus 1.5% county or municipal), customarily split between buyer and seller. It is customarily paid by the negotiated. Cities and counties may add their own on top, so check the municipality rather than just the county.
Exemptions that commonly apply to a transfer like this: 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. You have to claim the exemption. The recorder won't apply it for you.
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.
Most Delaware recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
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 about thirty 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 the beneficiary dies before you and you name no alternate, the deed usually fails and the property goes through probate anyway.
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.
- 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.
$69, 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 $69, versus roughly $300–$1,200 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 $40 for the first page. Delaware also charges realty transfer tax of 4% of consideration total (2.5% state plus 1.5% county or municipal), customarily split between buyer and seller, though gifts and family transfers are often exempt. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
Yes. 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. 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. Most offices also accept e-recording through a submitting service.
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 death the property passes directly to the people you named, outside probate, once they record proof of death with the Recorder of Deeds. 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
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.