DelawareHB 147153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 12, TITLE 18, TITLE 25, AND TITLE 30 OF THE DELAWARE CODE RELATING TO THE UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT.

Sponsored By: Kerri Evelyn Harris (Democratic)

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 3 benefits, 0 costs, 4 mixed.

Heirs get temporary property insurance coverage

Beneficiaries receiving property through a transfer-on-death deed inherit the former owner's insurance rights and duties for 60 days after death. Coverage reaches only the former owner's insurable interest. If the policy expires within those 60 days, coverage lasts 30 days after death or until policy expiration, whichever is later. Temporary insured status does not apply once the beneficiary obtains a policy covering the property; existing policy duties and liabilities still apply. The rule covers losses on or after the law's effective date; for older contracts, it adds no unintended rights beyond the temporary coverage period.

Homeowners can pass property outside probate

You can name one or more beneficiaries to receive your Delaware property at death without probate. You must have the capacity to make a will and use a properly prepared, acknowledged deed stating the transfer happens at death. Record it in the property's county before you die; beneficiaries need not receive, accept, or pay for it. While alive, you keep control, including selling or mortgaging; the deed creates no beneficiary ownership or exposure to their creditors and does not change either party's public-assistance eligibility. The law takes effect 90 days after enactment and covers earlier deeds when the owner dies on or after that date.

Heirs receive property with title limits

Named beneficiaries who outlive the owner receive the property; the deed controls over conflicting will instructions. Multiple beneficiaries get equal shares without automatic inheritance of each other's shares; a lapsed share goes proportionally to the others. Surviving joint owners take first, so the deed takes effect only when the last joint owner dies. Beneficiaries take existing liens and other property interests, with no title warranty, even if the deed promises one. Vital Statistics must provide beneficiaries a certified death certificate, subject to health-information protections; Registers of Wills can offer optional death-notice forms. The property is excluded from the probate inventory, and Registers must promptly report transfer details to county assessment boards after inventory filing.

Inherited property remains reachable for debts

Property received through a transfer-on-death deed is not shielded from all estate claims. If probate assets cannot pay allowed claims or legal allowances for a surviving spouse or child, the estate can pursue that property. For multiple transferred properties, liability is divided based on each property's net value at the owner's death. A proceeding to enforce payment must begin within 8 months after the owner's death.

Homeowners avoid deed taxes and forms

An authorized transfer-on-death deed is excluded from the state's specified document-based real-estate transfer-tax rules. Its effectiveness does not require a transfer-tax affidavit or a real-estate estimated-income-tax declaration. Other forms required under the related state, county, or municipal rules are also not prerequisites. The deed itself must still be recorded before the owner dies.

Beneficiaries can reject property through disclaimers

A transfer-on-death beneficiary can reject all or part of the property interest by following Delaware's disclaimer rules. For beneficiary-designated interests, a disclaimer made while the designation can still be changed must go to the person who made it. Once the designation cannot be changed, a real-property disclaimer must be recorded in the property's county. A personal-property disclaimer must instead go to the person responsible for distributing that property.

Homeowners can revoke deeds through recording

You can cancel a recorded transfer-on-death deed using a later qualifying deed or a revocation document. The document must be acknowledged after the original deed and recorded in the same county before you die. Revocation requires the same capacity as making a will. An owner can revoke only their own interest; all living joint owners must revoke to cancel the whole joint deed. Tearing up or destroying a recorded deed does not cancel it.

Sponsors & Cosponsors

Sponsor

Kerri Evelyn Harris
Democratic • House

Cosponsors

Mara Gorman
Democratic • House
Debra Heffernan
Democratic • House
Kendra Johnson
Democratic • House
Larry Lambert
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Edward S. Osienski
Democratic • House
Cyndie Romer
Democratic • House
Melanie Ross Levin
Democratic • House
Ray Seigfried
Democratic • Senate
Claire Snyder-Hall
Democratic • House
David P. Sokola
Democratic • Senate
Madinah Wilson-Anton
Democratic • House

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

HS 1 for HB 147 - Signed by Governor
9/5/2025Governor
HS 1 for HB 147 - Passed By Senate. Votes: 21 YES
6/30/2025Senate
HS 1 for HB 147 - Reported Out of Committee (Executive) in Senate with 5 On Its Merits
6/18/2025Senate
HS 1 for HB 147 - Assigned to Executive Committee in Senate
6/10/2025Senate
HS 1 for HB 147 - Passed By House. Votes: 40 YES 1 ABSENT
6/10/2025House
HS 1 for HB 147 - - Passed In House by Voice Vote
6/10/2025House
Substituted in House by HS 1 for HB 147
6/6/2025House
HS 1 for HB 147 - Reported Out of Committee (Administration) in House with 5 On Its Merits
5/14/2025House
Substituted in House by HS 1 for HB 147
5/13/2025House
Introduced and Assigned to Administration Committee in House
4/15/2025House

Bill Text

Current
4/15/2025
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