DelawareHS 1 for HB 147 w/ HA 1153rd 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, 0 costs, 4 mixed.

Probate and creditor rules for transfer-on-death property

Property that passes by a transfer‑on‑death deed can still be used to pay allowed estate debts if the probate estate is short. Claims must start within 8 months after death and are split among TOD properties by each property’s share of total net value. Executors do not list TOD‑transferred real estate in the probate inventory. After the inventory is filed, the Register of Wills sends the county assessors details about parcels that passed by will, law, or TOD deed.

60-day insurance for transfer-on-death beneficiaries

If you get property by a transfer‑on‑death deed, you are treated as insured under the decedent’s policy for 60 days. If that policy would end sooner, coverage continues for 30 days or until it expires. To keep coverage after that, you must pay the premium or buy your own policy. If you get your own policy, the old policy’s successor coverage stops. This applies to losses after the law’s effective date.

Pass real estate by transfer-on-death deed

The law lets you name people to get your real estate when you die using a transfer‑on‑death deed. It does not change your rights while you are alive, and you do not need to tell or get acceptance from the beneficiary. The deed is not a will and does not go through probate. At death, surviving beneficiaries get equal shares and take the property subject to any mortgages or liens. If there are joint owners, the deed takes effect only when the last joint owner dies. These rules also cover deeds made earlier, as long as death happens after the law’s effective date.

Make or revoke a transfer-on-death deed

A valid transfer‑on‑death deed must be notarized, witnessed by two people (one not a beneficiary), and recorded in the property’s county before death. You need the same mental capacity as making a will. You can revoke the deed anytime, but you must record a signed, acknowledged revocation (or new deed) before death; all living joint owners must revoke to cancel a joint deed. You cannot revoke later by scratching out or marking the deed. The law offers optional forms to create or revoke these deeds, but they still must be acknowledged and recorded.

Court for transfer-on-death disputes and e-sign limits

Challenges to the validity or revocation of a transfer‑on‑death deed go to the Delaware Court of Chancery. The law narrows how the federal e‑signature law applies and does not allow electronic delivery of certain notices. The Act takes effect 90 days after enactment.

Recording and disclaimer rules for transfer-on-death deeds

County recorders accept transfer‑on‑death deeds without a transfer‑tax affidavit or the state’s real estate estimated‑income‑tax form. TOD deeds are not treated as “documents” under that recording subchapter. A beneficiary can refuse (disclaim) all or part of the interest; real‑property disclaimers must be recorded in the county, and personal‑property disclaimers must be delivered to the person who must distribute it. A Register of Wills may use a notice‑of‑death form, and must accept a beneficiary’s filing of the death certificate. The Office of Vital Statistics must give a beneficiary a certified copy of the death certificate.

Sponsors & Cosponsors

Sponsor

Kerri Evelyn Harris
Democratic • House

Cosponsors

Eric Buckson
Republican • Senate
Mara Gorman
Democratic • House
Debra Heffernan
Democratic • House
Russell Huxtable
Democratic • Senate
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

All Roll Calls

Yes: 61 • No: 0

Senate vote • 6/30/2025

Passed (SM required)

Yes: 21 • No: 0

House vote • 6/10/2025