Can you use a transfer-on-death deed in Delaware?
Yes. In Delaware, an owner may transfer real property at death by a transfer on death deed that has the formalities of a recordable deed with notarized signatures, is witnessed by two people at least one of whom is not a beneficiary, states that the transfer occurs at the owner’s death and is recorded before the owner’s death, and the deed stays revocable. This is the Uniform Real Property Transfer on Death Act, which applies to owners who die on or after December 4, 2025. The deed takes effect without notice to, delivery to or acceptance by the beneficiary during the owner’s life, and without consideration. It can be revoked only by a later instrument that is acknowledged, witnessed by two people and recorded before the owner’s death, not by an act done to the recorded deed. This is 25 Del. C. §§ 201, 203, 205, 206, 209, 210, 211.
| What | Delaware |
|---|---|
| Transfer-on-death deed | Allowed; witnessed, notarized, recorded before death |
Source
25 Del. C. §§ 201, 203, 205, 206, 209, 210, 211
Read the statute in the Delaware Code (Delaware General Assembly): delcode.delaware.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.
Guides on this rule
- Joint Tenancy and Transfer-on-Death Deeds by State — How each state reads a deed to two or more people, survivorship rules, and where a transfer-on-death deed is allowed by statute.
Compare this rule in every state
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