Title 25 — Property

44 chapters · 315 sections in this title.

21 sectionsFiltered byTitle 25 Ch 2

25 Del. C. § 201. Short title.
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§ 201. Short title. This chapter may be cited as the “Uniform Real Property Transfer on Death Act.”85 Del. Laws, c. 212, § 1;
25 Del. C. § 202. Definitions.
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§ 202. Definitions. For purposes of this chapter: (1) “Beneficiary” means an individual that receives property under a transfer on death deed. “Grantee” has a corresponding meaning. (2) “Designated beneficiary” means an individual designated to receive property in a transfer on d…
25 Del. C. § 203. Applicability.
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§ 203. Applicability. This chapter applies to a transfer on death deed made before, on, or after December 4, 2025, by a transferor dying on or after December 4, 2025.85 Del. Laws, c. 212, § 1;
25 Del. C. § 204. Nonexclusivity.
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§ 204. Nonexclusivity. This chapter does not affect any method of transferring property otherwise permitted under the law of this State. 85 Del. Laws, c. 212, § 1;
25 Del. C. § 205. Transfer on death deed authorized.
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§ 205. Transfer on death deed authorized. An individual may transfer property to 1 or more beneficiaries effective at the transferor’s death by a transfer on death deed.85 Del. Laws, c. 212, § 1;
25 Del. C. § 206. Transfer on death deed revocable.
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§ 206. Transfer on death deed revocable. A transfer on death deed is revocable even if the transfer on death deed or another instrument contains a contrary provision.85 Del. Laws, c. 212, § 1;
25 Del. C. § 207. Transfer on death deed nontestamentary.
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§ 207. Transfer on death deed nontestamentary. A transfer on death deed is nontestamentary.85 Del. Laws, c. 212, § 1;
25 Del. C. § 208. Capacity of transferor.
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§ 208. Capacity of transferor. The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.85 Del. Laws, c. 212, § 1;
25 Del. C. § 209. Requirements.
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§ 209. Requirements. A transfer on death deed must meet all of the following: (1) Except as otherwise provided in paragraphs (2) and (3) of this section, contain the essential elements and formalities of a properly recordable inter vivos deed, including notarization of all signat…
25 Del. C. § 210. Notice, delivery, acceptance, consideration not required.
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§ 210. Notice, delivery, acceptance, consideration not required. A transfer on death deed is effective without any of the following: (1) Notice or delivery to, or acceptance by, the designated beneficiary during the transferor’s life. (2) Consideration.85 Del. Laws, c. 212, § 1;
25 Del. C. § 211. Revocation by instrument authorized; revocation by act not permitted.
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§ 211. Revocation by instrument authorized; revocation by act not permitted. (a) Subject to subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument meets all of the following: (1) Is 1 of th…
25 Del. C. § 212. Effect of transfer on death deed during transferor’s life.
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§ 212. Effect of transfer on death deed during transferor’s life. During a transferor’s life, a transfer on death deed does not do any of the following: (1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property.…
25 Del. C. § 213. Effect of transfer on death deed at transferor’s death.
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§ 213. Effect of transfer on death deed at transferor’s death. (a) Except as otherwise provided in the transfer on death deed or in this section, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the…
25 Del. C. § 214. Disclaimer.
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§ 214. Disclaimer. A beneficiary may disclaim all or part of the beneficiary’s interest as provided by Chapter 6 of Title 12.85 Del. Laws, c. 212, § 1;
25 Del. C. § 215. Liability for creditor claims and statutory allowances.
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§ 215. Liability for creditor claims and statutory allowances. (a) To the extent that the transferor’s probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, the estate may enforce the liability again…
25 Del. C. § 216. Optional form of transfer on death deed.
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§ 216. Optional form of transfer on death deed. The following form may be used to create a transfer on death deed. The other sections of this chapter govern the effect of this or any other instrument used to create a transfer on death deed. (front of form) REVOCABLE TRANSFER ON D…
25 Del. C. § 217. Optional form of revocation.
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§ 217. Optional form of revocation. The following form may be used to create an instrument of revocation under this chapter. The other sections of this chapter govern the effect of this or any other instrument used to revoke a transfer on death deed. (front of form) REVOCATION OF…
25 Del. C. § 218. Form for notice of death of transferor; filing of transferor’s death certificate; beneficiary right to obtain transferor’s death certificate; executor or administrator inventorying of and access to property transferred by transfer on death deed; failure to file not invalidating.
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§ 218. Form for notice of death of transferor; filing of transferor’s death certificate; beneficiary right to obtain transferor’s death certificate; executor or administrator inventorying of and access to property transferred by transfer on death deed; failure to file not invalid…
25 Del. C. § 219. Jurisdiction.
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§ 219. Jurisdiction. The Chancery Court has jurisdiction over challenges to the validity or revocation of a transfer on death deed.85 Del. Laws, c. 212, § 1;
25 Del. C. § 220. Uniformity of application and construction.
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§ 220. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.85 Del. Laws, c. 212, § 1;
25 Del. C. § 221. Relation to Electronic Signatures in Global and National Commerce Act.
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§ 221. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede § 101(c) of that …