Delaware Homeowners Gain new Option for Property Transfer with ‘Transfer on Death‘ Deeds
DOVER, Del. – Delaware homeowners can now streamline the transfer of property after their death through a new law enabling “Transfer on Death” deeds, accepted beginning this week in all three counties. The legislation, signed into law earlier this year, provides a simpler alternative to traditional wills and probate for passing on real estate.
The change aims to prevent “tangled titles” - a frequent complication when property owners die without clear instructions for inheritance – and offers a more accessible path for families to avoid potentially costly and time-consuming legal processes. Supporters, including AARP and the United Way of Delaware, championed the measure as a way to protect homeowners and ensure a smoother transfer of wealth.
These deeds allow property owners to designate beneficiaries who will automatically inherit the property upon their death, bypassing the probate process. however, officials caution that the deeds are only valid for deaths occurring on or after december 5th. If a property owner dies before that date,existing methods like wills,probate,or other legal documentation remain necessary.
County recorders are advising residents to seek legal counsel before utilizing the new forms to confirm this type of deed is suitable for their individual circumstances.
“Legal advice before filing is urged,” officials stated.
The new law comes as Delaware grapples with ongoing discussions surrounding property taxes and estate planning. House Majority Leader Kerri Evelyn Harris listened intently during a special legislative session in August addressing property tax reassessments,highlighting the broader context of homeowner concerns.
For more information, contact staff reporter Anitra Johnson at ajohnson@delawareonline.com. Residents can also join the Delaware Voices Uplifted Facebook group for community news and activities: https://www.facebook.com/groups/delawarevoicesuplifted.
