Revocable Transfer on Death Deed - Delaware

REVOCABLE TRANSFER ON DEATH DEED — DELAWARE

25 Del. C. §§ 201 et seq.

NOTICE TO OWNER

Read this entire form carefully. You may want to consult a lawyer before using it. This deed must be witnessed by two individuals, all signatures required by 25 Del. C. § 209 must be notarized, and the deed must be recorded before your death, or it will not be effective. At least one witness must not be a beneficiary.

1. Recording Information

Prepared by / recording requested by:
[NAME]
[ADDRESS]
[CITY, STATE, ZIP]

After recording return to:
[NAME]
[ADDRESS]
[CITY, STATE, ZIP]

Tax parcel number: [PARCEL NUMBER]

2. Owner or Owners Making This Deed as Grantor or Grantors

Owner 1 printed name: [OWNER FULL LEGAL NAME]

Mailing address: [OWNER ADDRESS]

Owner 2 printed name, if any: [OWNER FULL LEGAL NAME]

Mailing address: [OWNER ADDRESS]

3. Real Property

County: [NEW CASTLE / KENT / SUSSEX]

Property address (reference only): [PROPERTY ADDRESS]

Tax parcel number: [PARCEL NUMBER]

Complete legal description:

[INSERT THE COMPLETE LEGAL DESCRIPTION FROM THE CURRENT VESTING DEED OR ATTACH IT AS EXHIBIT A]

4. Primary Beneficiary / Grantee

I designate the following beneficiary if the beneficiary survives me:

Printed legal name: [PRIMARY BENEFICIARY NAME]

Mailing address: [ADDRESS]

5. Alternate Beneficiary / Grantee — Optional

If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me:

Printed legal name: [ALTERNATE BENEFICIARY NAME]

Mailing address: [ADDRESS]

6. Transfer on Death and Owner Acknowledgments

At my death, I transfer my interest in the described property to the beneficiaries as designated above.

Before my death, I have the right to revoke this deed by recording a completed revocation form or other qualifying instrument of revocation in the public records in the office of the Recorder of Deeds.

I acknowledge that the instruction to transfer property to the beneficiary or grantee in this deed controls over any contrary instruction in my will, whether the will is prepared before or after this deed.

I acknowledge that if my probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, the estate may enforce liability against property transferred at my death by this deed.

7. Signatures of Owner or Owners Making This Deed

Owner 1 printed name and signature: _________________________________

Date: [DATE]

Owner 2 printed name and signature, if any: __________________________

Date: [DATE]

8. Signatures of Witnesses to This Deed

We swear and affirm that we are signing our names to this instrument with the belief and knowledge that the owner or owners were, at the time of signing, of sound mind and memory and free from undue influence or coercion by any parties, including us as witnesses.

Witness 1 printed name and signature: _______________________________

Mailing address: [ADDRESS]

Date: [DATE]

☐ Witness 1 is not a beneficiary under this deed.

Witness 2 printed name and signature: _______________________________

Mailing address: [ADDRESS]

Date: [DATE]

☐ Witness 2 is not a beneficiary under this deed.

☐ Witness 2 is a beneficiary; Witness 1 is not a beneficiary.

9. Notarial Certificates

ALL OWNER AND WITNESS SIGNATURES REQUIRED BY 25 DEL. C. § 209 MUST BE NOTARIZED. The notary must attach or complete Delaware-compliant acknowledgment, oath, or affirmation certificates that cover every required signer. Do not assume that an acknowledgment naming only the owner notarizes the witness signatures.

State of Delaware

County of [COUNTY]

[INSERT THE DELAWARE-COMPLIANT NOTARIAL CERTIFICATE(S) SELECTED BY THE NOTARY FOR EACH OWNER AND WITNESS SIGNATURE]

Notary signature: ____________________________________

Notary name: [PRINTED NAME]

Commission expires: [DATE]

Official seal:

10. Pre-Recording Checklist

• ☐ The deed contains the essential elements and formalities of a properly recordable inter vivos deed.
• ☐ The current vesting deed, complete legal description, tax parcel, and every owner's interest were verified.
• ☐ The beneficiary is an individual and all names and addresses are accurate.
• ☐ Two witnesses signed, and at least one witness is not a beneficiary.
• ☐ Every required owner and witness signature was notarized.
• ☐ Joint tenancy or tenancy-by-the-entirety effects were reviewed.
• ☐ County-specific affidavit, tax, fee, margin, formatting, and submission requirements were confirmed.
• ☐ The deed will be recorded before death in every Delaware county where any part of the property is located.

11. Statutory Effect and Revocation Notes

• The Act applies to a TOD deed made before, on, or after December 4, 2025, if the transferor dies on or after that date. See 25 Del. C. § 203.
• During life, the deed does not affect ownership or transfer rights, creditor rights, public-assistance eligibility, or the beneficiary's creditors, and creates no legal or equitable interest for the beneficiary. See § 212.
• At death, a beneficiary must survive the transferor. Unless the deed provides otherwise, concurrent beneficiaries take equal undivided shares without survivorship, and a failed share passes proportionately to the remaining concurrent beneficiaries. See § 213(a).
• The beneficiary takes subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests affecting the property. The deed transfers without a covenant or warranty of title. See § 213(b), (d).
• If another joint owner survives the transferor, survivorship ownership prevails. The TOD deed is effective if the transferor is the last surviving joint owner. See § 213(c).
• A later TOD deed may revoke an earlier deed expressly or by inconsistency. An express revocation or an inter vivos deed expressly revoking the TOD deed may also qualify. The revoking instrument must meet § 211's acknowledgment, witness, and pre-death recording rules.
• A recorded deed cannot be revoked by crossing it out, tearing it, or writing on it. Revocation by one transferor does not affect another transferor's interest, and all living joint owners must revoke a joint-owner TOD deed.
• A will does not revoke the deed.
• If the probate estate is insufficient, liability may be enforced against TOD property for allowed claims and spouse-or-child statutory allowances. A proceeding must begin no later than eight months after death. See § 215.

12. After Death

Under 25 Del. C. § 218, a beneficiary may present the transferor's death certificate to the Register of Wills with an adopted notice form or otherwise to establish death. If a probate estate is opened, the TOD property must be inventoried as provided by statute; if no probate estate is opened, an inventory form is not required. Failure to file a notice form, death certificate, or inventory form does not invalidate an otherwise valid TOD deed, which transfers the property immediately at death.

The Delaware Court of Chancery has jurisdiction over challenges to the validity or revocation of a TOD deed. See § 219.