{"data":{"id":"us-de/25-del.-c.-216","jurisdiction":"us-de","citation":"25 Del. C. § 216","heading":"Optional form of transfer on death deed.","body":"The following form may be used to create a transfer on death deed. The other sections of this chapter govern the effect of this or any other instrument used to create a transfer on death deed.\n(front of form) REVOCABLE TRANSFER ON DEATH DEED\nNOTICE TO OWNER\nYou should carefully read all information on the other side of this form. You May Want to Consult a Lawyer Before Using This Form.\nThis form must be recorded before your death, or it will not be effective.\nIDENTIFYING INFORMATION\nOwner or Owners Making This Deed as Grantor or Grantors:\n________________Printed name__________________Mailing address\n________________Printed name__________________Mailing address\nLegal description of the property:\n________________\nPRIMARY BENEFICIARY/GRANTEE\nI designate the following beneficiary if the beneficiary survives me.\n________________Printed name__________________Mailing address\nALTERNATE BENEFICIARY/GRANTEE — Optional\nIf my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me.\n________________Printed name__________________Mailing address\nTRANSFER ON DEATH\nAt my death, I transfer my interest in the described property to the beneficiaries as designated above.\nBefore my death, I have the right to revoke this deed by recording a completed revocation form or other instrument of revocation in the public records in the office of the Recorder of Deeds.\nI acknowledge that the instruction to transfer of property to the beneficiary/grantee in this deed controls over any contrary instruction in my will that is prepared before or after this deed.\nI 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 the liability against property transferred at my death by this deed.\nSIGNATURE OF OWNER OR OWNERS MAKING THIS DEED\n____Printed Name \u0026 Signature__________Date\n____Printed Name \u0026 Signature__________Date\nSIGNATURES OF WITNESSES TO THIS DEED\nWe do now hereby swear and affirm that we are signing our names to this instrument with the belief and knowledge that the owner or owners, was or were, at the time of signing of sound mind and memory, and free from any undue influence or coercion by any parties, including us as witnesses.\n____Printed Name \u0026 Signature __________________Mailing Address__________Date\n____Printed Name \u0026 Signature __________________Mailing Address__________Date\nACKNOWLEDGMENT\n(insert acknowledgment for deed here)\n(back of form) COMMON QUESTIONS ABOUT THE USE OF THIS FORM\nWhat does the Transfer on Death (TOD) deed do? When you die, this deed transfers the described property, subject to any liens or mortgages (or other encumbrances) on the property at your death. Probate is not required. The TOD deed has no effect until you die. You can revoke it at any time. You are also free to transfer the property to someone else during your lifetime. If you do not own any interest in the property when you die, this deed will have no effect.\nWhich controls at my death, my will or the TOD deed? The TOD deed controls over a contrary instruction in a will.\nHow do I make a TOD deed? Complete this form. Have it acknowledged before a notary public or other individual authorized by law to take acknowledgments. Record the form in each county where any part of the property is located. The form has no effect unless it is acknowledged and recorded before your death.\nIs the “legal description” of the property necessary? Yes.\nHow do I find the “legal description” of the property? This information may be on the deed you received when you became an owner of the property. This information may also be available in the office of the recorder of deeds for the county where the property is located. If you are not absolutely sure, consult a lawyer.\nCan I change my mind before I record the TOD deed? Yes. If you have not yet recorded the deed and want to change your mind, simply tear up or otherwise destroy the deed.\nHow do I “record” the TOD deed? Take the completed and acknowledged form to the office of the recorder of deeds of the county where the property is located. Follow the instructions given by the recorder of deeds to make the form part of the official property records. If the property is in more than one county, you should record the deed in each county.\nCan I later revoke the TOD deed if I change my mind? Yes. You can revoke the TOD deed. No one, including the beneficiaries, can prevent you from revoking the deed.\nHow do I revoke the TOD deed after it is recorded? There are three ways to revoke a recorded TOD deed: (1) Complete and acknowledge a revocation form, and record it in each county where the property is located. (2) Complete and acknowledge a new TOD deed that disposes of the same property to someone else, and record it in each county where the property is located. (3) Transfer the property to someone else during your lifetime by a recorded deed that expressly revokes the TOD deed. You may not revoke the TOD deed by will.\nI am being pressured to complete this form. What should I do? Do not complete this form under pressure. Seek help from a trusted family member, friend, or lawyer.\nDo I need to tell the beneficiaries about the TOD deed? No, but it is recommended. Secrecy can cause later complications and might make it easier for others to commit fraud.\nI have other questions about this form. What should I do? This form is designed to fit some but not all situations. If you have other questions, you are encouraged to consult a lawyer.","path":["Title 25. Property","General Provisions","CHAPTER 2. Uniform Real Property Transfer on Death Act"],"source_url":"https://delcode.delaware.gov/title25/c002/index.html#216","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:30Z","sha256":"4d1302af691b764b35f9a8d47353a9885669e3768ba4336b2290d97f55e75b31","source_id":"us-de","stale":true,"prev":"us-de/25-del.-c.-215","next":"us-de/25-del.-c.-217"},"notice":"GroundRules: Original legal text. Not legal advice."}