Provides nonprobate transfer of real estate without the creation of a revocable trust.
Legislative Provisions
Allows nonprobate transfer of real estate without requiring the creation of a revocable trust, does not affect other methods of transferring property permitted under DEL law.
Individual may transfer property to one/more beneficiaries effective at the transferor’s death by a transfer on death deed, and which is nontestamentary and revocable.
Capacity required to make/revoke transfer on death deed is the same as to make a will
Includes requirements to transfer a death deed and related prohibitions, and effect of transfer on death deed during transferor’s life and the affect of said deed upon death.
Also includes terms related to liability for creditor claims and statutory allowances.
Includes optional form of transfer on death deed, notice forms for revoking the deed.
Notes that the disclaimer of an interest in real property must be recorded in the office of the recorder of deeds of the county where the subject real property is located.
A beneficiary of a transfer on death deed is an insured to the extent of the transferor’s insurable interest in property that beneficiary acquired/received by the death deed.
For 60 days immediately following death of the transferor, a beneficiary of a transfer on death deed is an insured under a policy insuring the property of the transferor.
If a policy has an expiration date less than 60 days after the death of the transferor, INS coverage continues for 30 days or until policy expiration date, whichever is later.
Transfer on death deed authorized in Title 25 does not require transfer-tax affidavit, real estate return to be recorded with/accepted by recorder of deeds to be effective.
Legislative History
On May 13, 2025, bill introduced in House; on Jun. 10, 2025, bill was passed in House.
On Jun. 10, 2025, bill delivered to Senate; on Jun. 30, 2025, bill passed in the Senate.
Effectiveness
Act takes effect 90 days after its enactment into law.
The bill provisions apply to a transfer on death deed made before, on, or after the effective date of the Act by a transferor dying on or after the effective date of this Act.
Sep. 2025 DEL LEG Govenor Approval
On Sep. 5, 2025, DEL LEG governor approved bill, effective Dec. 4, 2025, assigned Ch. 85:212.
Regulators
DEL LEG
Entity Types
CNSM; MG Orig
Reference
Act 85:212, 9/5/2025; Bill HB147, 6/30/2025; Citation: *DEL LEG* 12, 25, 30; DEL INS 18;
