November 11, 2025

Delaware has enacted HB147, the Uniform Real Property Transfer on Death Act, to give families a simpler way to transfer real estate outside the probate process. Beginning December 5, 2025, the Delaware Register of Wills will begin accepting Transfer on Death (TOD) deeds.

Previously, most Delaware real property had to pass through probate, even when the real estate was the only asset in the estate. This required opening an estate with the Register of Wills, filing inventories and accountings, and incurring administrative costs and delays before property could be transferred to beneficiaries.

The new law allows property owners to avoid probate by signing a revocable TOD deed naming one or more beneficiaries. The property transfers automatically to those beneficiaries upon the owner’s death. The deed can be revoked or superseded at any time before death.

This Act provides a new and significant planning tool for Delaware residents when creating or updating their estate plans.

However, as with anything that appears “perfect,” this type of transfer can come with challenges. Complications may arise when an estate has debts or expenses but no liquid assets to cover them, which can result in litigation.

For guidance on whether a TOD deed is appropriate for your estate plan, please contact Reger Rizzo & Darnall estate attorney Kathleen DeLacy at kdelacy@regerlaw.com or 302-477-7103.