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The End of Life Plannerby Valoren

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Transfer-on-death deeds in Delaware

What Delaware’s own law and official pages say about transfer-on-death deeds: what the state calls the instrument, what it must say, how it is signed and recorded, and what happens at the owner’s death. Nothing on this page decides whether a deed suits a particular home or family, or how one should be written. That belongs to an attorney in Delaware.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

The transfer on death deed, and the deaths the act applies to

An individual may transfer property to 1 or more beneficiaries effective at the transferor’s death by a transfer on death deed.

This chapter applies to a transfer on death deed made before, on, or after December 4, 2025, by a transferor dying on or after December 4, 2025.

Delaware · general information · checked October 24, 2026 · 25 Del. C. §§205, 203 (85 Del. Laws c. 212)

What the deed must have: notarization, the witnesses, and recording before death

(1) Except as otherwise provided in paragraphs (2) and (3) of this section, contain the essential elements and formalities of a properly recordable inter vivos deed, including notarization of all signatures required under this section. (2) Be witnessed by 2 individuals, at least 1 of whom must not be a beneficiary.

(4) Be recorded before the transferor’s death in the public records in the office of the recorder of deeds of the county where the property is located.

Delaware · general information · checked October 24, 2026 · 25 Del. C. §209(1)–(2), (4)

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FAQ

Common questions

An individual may transfer property to 1 or more beneficiaries effective at the transferor’s death by a transfer on death deed.

This chapter applies to a transfer on death deed made before, on, or after December 4, 2025, by a transferor dying on or after December 4, 2025.

Delaware · general information · checked October 24, 2026 · 25 Del. C. §§205, 203 (85 Del. Laws c. 212)

An individual may transfer property to 1 or more beneficiaries effective at the transferor’s death by a transfer on death deed.

This chapter applies to a transfer on death deed made before, on, or after December 4, 2025, by a transferor dying on or after December 4, 2025.

Delaware · general information · checked October 24, 2026 · 25 Del. C. §§205, 203 (85 Del. Laws c. 212)

(1) Except as otherwise provided in paragraphs (2) and (3) of this section, contain the essential elements and formalities of a properly recordable inter vivos deed, including notarization of all signatures required under this section. (2) Be witnessed by 2 individuals, at least 1 of whom must not be a beneficiary.

(4) Be recorded before the transferor’s death in the public records in the office of the recorder of deeds of the county where the property is located.

Delaware · general information · checked October 24, 2026 · 25 Del. C. §209(1)–(2), (4)

(1) Except as otherwise provided in paragraphs (2) and (3) of this section, contain the essential elements and formalities of a properly recordable inter vivos deed, including notarization of all signatures required under this section. (2) Be witnessed by 2 individuals, at least 1 of whom must not be a beneficiary.

(4) Be recorded before the transferor’s death in the public records in the office of the recorder of deeds of the county where the property is located.

Delaware · general information · checked October 24, 2026 · 25 Del. C. §209(1)–(2), (4)

(1) Except as otherwise provided in paragraphs (2) and (3) of this section, contain the essential elements and formalities of a properly recordable inter vivos deed, including notarization of all signatures required under this section. (2) Be witnessed by 2 individuals, at least 1 of whom must not be a beneficiary.

(4) Be recorded before the transferor’s death in the public records in the office of the recorder of deeds of the county where the property is located.

Delaware · general information · checked October 24, 2026 · 25 Del. C. §209(1)–(2), (4)

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