TRANSFER-ON-DEATH DEED — STATE OF DELAWARE

Pursuant to Del. Code tit. 25, § 201 et seq. (Uniform Real Property Transfer on Death Act)

Table of Contents

1. Caption and Title
2. Transferor Information
3. Beneficiary Designation
4. Property Description
5. Transfer-on-Death Designation
6. Revocability
7. Effect on Existing Interests
8. Multiple Beneficiary Provisions
9. Signature, Witnesses, and Notarization
10. Recording Information
11. Delaware-Specific Notes
12. Sources and References

1. Caption and Title

PREPARED BY:
[________________________________]

WHEN RECORDED, RETURN TO:
[________________________________]
[________________________________]
[________________________________]

Tax Parcel Number: [________________________________]

TRANSFER-ON-DEATH DEED
(Delaware Uniform Real Property Transfer on Death Act — Del. Code tit. 25, § 201 et seq.)

2. Transferor Information

THIS TRANSFER-ON-DEATH DEED is made on [__/__/____] by:

Transferor:

3. Beneficiary Designation

Designated Beneficiary(ies):

Primary Beneficiary:

Additional Beneficiary (if applicable):

Alternate/Contingent Beneficiary:

4. Property Description

The real property subject to this Transfer-on-Death Deed is located in [________________________________] County, State of Delaware, and described as follows:

Legal Description:
[________________________________]
[________________________________]
[________________________________]

Street Address:
[________________________________], Delaware [____]

Tax Parcel Number: [________________________________]

Deed Book/Page Reference: Book [____], Page [____]

5. Transfer-on-Death Designation

The Transferor hereby designates that upon the Transferor's death, the above-described real property shall transfer to the Designated Beneficiary(ies) identified in Section 3, subject to the following:

1. Effective Date: This transfer becomes effective only upon the death of the Transferor. The Transferor retains full ownership, control, and all rights during lifetime.

2. Nontestamentary: This deed is nontestamentary and takes precedence over a contrary provision in a will.

3. No Present Interest: The Beneficiary(ies) acquire(s) no present interest during the Transferor's lifetime.

4. Statutory Authority: This deed is executed pursuant to Del. Code tit. 25, § 201 et seq.

6. Revocability

THIS TRANSFER-ON-DEATH DEED IS REVOCABLE.

The Transferor may revoke this deed at any time by:

☐ Recording a new Transfer-on-Death Deed for the same property
☐ Recording an express instrument of revocation
☐ Recording an inter vivos deed that expressly revokes this TOD deed

Requirements for Revocation:
- The revoking instrument must be acknowledged (notarized) and witnessed by two individuals
- The revoking instrument must be recorded before the Transferor's death
- Revocation by will is not effective

7. Effect on Existing Interests

This Transfer-on-Death Deed does not affect:

• Any existing mortgage, lien, or encumbrance
• Any secured creditor's rights
• The Transferor's right to sell, mortgage, or dispose of the property
• Joint tenancy or tenancy by the entirety interests

The Beneficiary(ies) take(s) the property subject to all existing conveyances, encumbrances, mortgages, liens, and other interests at the Transferor's death.

8. Multiple Beneficiary Provisions

If multiple beneficiaries are designated:

☐ Tenants in Common: Beneficiaries take as tenants in common in the shares specified.
☐ Joint Tenants: Beneficiaries take as joint tenants with right of survivorship.

If a designated beneficiary predeceases the Transferor:
☐ The share passes to the alternate/contingent beneficiary.
☐ The share is divided among the surviving beneficiaries.
☐ The share lapses and becomes part of the Transferor's estate.

9. Signature, Witnesses, and Notarization

TRANSFEROR'S SIGNATURE:

_____________________________________________
Signature of Transferor

Printed Name: [________________________________]
Date: [__/__/____]

WITNESS ATTESTATION (Two witnesses required — at least one must NOT be a beneficiary)

Witness 1:
I declare that the Transferor signed this deed in my presence and that I am not a designated beneficiary under this deed.

_____________________________________________
Signature of Witness 1
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

☐ I am NOT a beneficiary under this deed.

Witness 2:

_____________________________________________
Signature of Witness 2
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

☐ I am NOT a beneficiary under this deed.
☐ I AM a beneficiary under this deed (permissible for one witness only).

ACKNOWLEDGMENT

STATE OF DELAWARE
COUNTY OF [________________________________]

BE IT REMEMBERED, that on this [____] day of [________________________________], [____], personally came before me, the subscriber, a Notary Public for the State of Delaware, [________________________________], known to me (or proved to me) to be the person described in and who executed the foregoing instrument, and acknowledged that he/she signed, sealed, and delivered the same as his/her voluntary act and deed.

GIVEN under my hand and seal of office the day and year aforesaid.

_____________________________________________
Notary Public
My Commission Expires: [__/__/____]

[NOTARY SEAL]

10. Recording Information

RECORDING REQUIREMENTS:

☐ This deed must be recorded with the Recorder of Deeds in the county where the property is located before the Transferor's death
☐ An unrecorded TOD deed is not effective
☐ Recording fees per the county Recorder's schedule apply

Delaware Counties:
- New Castle County Recorder of Deeds
- Kent County Recorder of Deeds
- Sussex County Recorder of Deeds

Upon the Transferor's Death:

☐ Certified copy of the Transferor's death certificate — recorded with the Recorder of Deeds
☐ Affidavit of survivorship
☐ Real estate transfer tax return, if applicable

11. Delaware-Specific Notes

Chancery Court Jurisdiction

The Delaware Court of Chancery has jurisdiction over challenges to the validity of a TOD deed. Any dispute regarding the deed's execution, revocation, or interpretation may be brought before the Chancery Court.

TOD Deed Precedence Over Will

Under Delaware's adoption of the URPTODA, a recorded TOD deed takes precedence over any conflicting provisions in the Transferor's will. The Transferor cannot revoke a TOD deed through a will.

Real Estate Transfer Tax

Delaware imposes a real estate transfer tax on conveyances of real property. The applicability of the transfer tax to the post-death transfer under a TOD deed should be confirmed with counsel and the county Recorder of Deeds.

Medicaid Estate Recovery

Property transferred by TOD deed may be subject to Delaware Medicaid estate recovery. Transferors who have received or anticipate receiving Medicaid benefits should consult an elder law attorney.

Recent Enactment

Delaware's URPTODA adoption is recent (effective December 4, 2025). Practitioners should monitor for administrative guidance, implementing regulations, and early case law interpreting the statute.

Delaware Estate Tax

Delaware repealed its estate tax effective January 1, 2018. However, property passing by TOD deed is included in the decedent's gross estate for federal estate tax purposes.

12. Sources and References

• Del. Code tit. 25, § 201 et seq. — Uniform Real Property Transfer on Death Act
• Del. Code tit. 12 — Decedents' Estates and Fiduciary Relations
• Uniform Real Property Transfer on Death Act (Uniform Law Commission, 2009)
• Delaware Court of Chancery — Jurisdiction and Practice Rules

This template is provided for informational and educational purposes only and does not constitute legal advice. Consult a licensed Delaware attorney before executing any transfer-on-death deed.