Delaware AARP supports Transfer on Death Deed Legislation

Published on April 23, 2025

OPINION

Alfred and Meldrum: AARP advocates to avoid ‘tangled titles’

Planning ahead for the transfer of your property is one of the best gifts you can give your family — because it provides peace of mind. But what happens when a Delaware homeowner passes away without a valid will? The result can be a “tangled title,” when the name of a person living in a home is not on its deed.

Without a clear title to a property, it may be impossible to buy homeowner’s insurance, get a home equity loan or sell the home. Families often face costly, drawn-out legal processes to clear titles and transfer homes to new owners.

AARP Delaware supports House Bill 147, which would create a transfer-on-death deed for our state. The document allows a homeowner to transfer his/her home to a loved one when he/she dies simply by naming a beneficiary (just like we currently do with cars, pension proceeds and retirement accounts). These deeds have a track record of working well in other states. They have been used in the U.S. for more than 35 years, and 30 states currently allow them.

By completing a TOD deed and filing it with the recorder of deeds, a homeowner can ensure that his/her home goes directly to a person he/she chooses, avoiding the complexity of probate or the expense of a trust. Such a deed can also help prevent fraud because it requires notarization and must be publicly recorded before a property owner’s death, added safeguards not present with a will.

According to a 2024 AARP survey of older Americans, almost half don’t have wills, and the number is even higher for Hispanic, Black and low-income respondents. When a homeowner dies without a will, the cost to clear the title can prevent the accumulation of generational wealth for the family. Transfer-on-death deeds will give Delawareans an additional estate-planning tool, especially useful for a homeowner whose main asset is his/her home.

We urge legislators to give Delaware homeowners this simple, low-cost option and to pass HB 147 this year.

Wendell Alfred

AARP state president

George Meldrum

AARP state president emeritus