Delaware Homeowners Gain new Option for Property Transfer with ‘Transfer on Death‘โค Deeds
DOVER, Del. – Delaware homeownersโ can now streamline the transfer of property after their death โthroughโข a new law enabling “Transfer on Death” deeds, accepted beginning this week in all three counties. The legislation,โ signed into lawโ earlier this year, โฃprovides a simpler alternative to traditional wills โand โprobate for passing on real estate.
The change aims to prevent “tangled titles” -โข a frequent complication โwhen property owners die without clear instructionsโค for inheritance – and offers a more accessible path for families to โคavoid potentially costly and time-consuming legal โprocesses. 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 โallow property owners to designate beneficiaries who will automatically inherit the property upon their death, bypassing the probate process. however, officials cautionโ thatโข the โdeeds areโค only valid for โdeaths occurring on or โฃafter december 5th. Ifโค a property โขowner dies before โคthat date,existing methods like wills,probate,or โคother legal documentation โคremain 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 โand estate โขplanning. House Majority Leader Kerri Evelynโข Harris listened intently during a special legislative session in August addressing property tax reassessments,highlighting the broader context of homeowner concerns.
For more โฃinformation, contact staff reporter Anitra Johnson at ajohnson@delawareonline.com. Residents can also join the Delaware โVoices Uplifted Facebook group for community news and โฃactivities: https://www.facebook.com/groups/delawarevoicesuplifted.