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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)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 1 costs, 3 mixed.

Creditors can claim TOD property

If the probate estate cannot pay its bills, allowed creditors can enforce claims against property that passed by a TOD deed. The amount owed is shared across TOD properties based on each property’s net value at death. A creditor must start the court action within 8 months after the death.

Pass your home without probate

Delaware lets you pass your home and land at death with a transfer‑on‑death (TOD) deed, outside probate. You keep full ownership and control while alive, and it does not change your eligibility for public benefits. You must have will‑level capacity and record the deed in the county before you die; the beneficiary does not need notice or acceptance. At death, it goes to surviving named beneficiaries, usually in equal shares, and stays subject to any mortgages or liens. You can revoke the deed while alive, and the transfer gives no warranty of title.

60‑day insurance for TOD heirs

For 60 days after the owner dies, the TOD beneficiary is insured under the owner’s property policy, up to the owner’s insurable interest. If the policy would end sooner, coverage continues for at least 30 days or until the policy ends, whichever is later. If the beneficiary buys their own policy for the property, this temporary coverage does not apply.

TOD deeds and probate/tax filings

Real estate that passes by a transfer‑on‑death deed is not listed in the estate’s real‑property inventory. The Register of Wills must report TOD transfers to the county Board of Assessment with the transfer date and the new owner’s information. A TOD deed does not need some transfer‑tax affidavits or local forms to be effective.

Make, change, or cancel a TOD deed

The state provides simple forms to create or revoke a transfer‑on‑death deed. To cancel a recorded TOD deed, you must sign a later deed or a signed revocation, acknowledge it after the original, and record it before death; all living joint owners must sign to cancel a joint deed. Some notices must still be on paper, and electronic signatures or delivery are limited for these deeds.

Steps for beneficiaries after death

A beneficiary can file a death‑notice form with the Register of Wills and use a certified death certificate to show the owner died. The Office of Vital Statistics must give a certified copy to a beneficiary for this purpose. A beneficiary may refuse (disclaim) all or part of the property, but a disclaimer of real estate must be recorded with the county recorder where the land is.

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

  1. HS 1 for HB 147 - Signed by Governor

    9/5/2025Governor

  2. HS 1 for HB 147 - Passed By Senate. Votes: 21 YES

    6/30/2025Senate

  3. HS 1 for HB 147 - Reported Out of Committee (Executive) in Senate with 5 On Its Merits

    6/18/2025Senate

  4. HS 1 for HB 147 - Assigned to Executive Committee in Senate

    6/10/2025Senate

  5. HS 1 for HB 147 - Passed By House. Votes: 40 YES 1 ABSENT

    6/10/2025House

  6. HS 1 for HB 147 - - Passed In House by Voice Vote

    6/10/2025House

  7. Substituted in House by HS 1 for HB 147

    6/6/2025House

  8. HS 1 for HB 147 - Reported Out of Committee (Administration) in House with 5 On Its Merits

    5/14/2025House

  9. Substituted in House by HS 1 for HB 147

    5/13/2025House

  10. Introduced and Assigned to Administration Committee in House

    4/15/2025House

Bill Text

  • Current

    4/15/2025

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