HB147 – Substitute 1 “Transfer on Death Act”.

On June 30th, 2025, the Delaware State Senate unanimously passed HB147 – Substitute 1 the “Transfer on Death Act”. This act introduces non-probate transfer of real estate and gives real property owners the ability to designate individuals as beneficiaries upon the owner’s passing. Said beneficiary would have no legal interest in the property until the owner’s death. This act maintains the owner’s full control of the property during their lifetime, and they can sell, change, or revoke the deed at any time.

For a full synopsis of the bill, please visit: Bill Detail - Delaware General Assembly.

The County continues to maintain its position that one consults with an attorney to guarantee their interests and understanding are fully represented.

This bill was signed on 9/5/25 by Governor Matt Meyer. The act will take effect 90 days from the date of the enactment. On 12/5/25 our County will begin accepting Transfer on Death (TOD) deeds.

The State of Delaware Recording Offices have worked together to establish uniform forms to be used when filing the TOD or Revocation of TOD documents.

These forms can be found on our website: Recorder of Deeds Forms.

*The duties of the Office of the Recorder of Deeds are prescribed by State law (9 Del. C. Ch. 96) and do not include the provision of legal advice; therefore, members of our staff may not help or consult you in the preparation of these documents.

The Honorable Alexandra Reed Baker