New option to avoid Tangled Titles in Delaware

Published on September 09, 2025

Planning ahead for the transfer of your property is one of the best gifts you can give your family—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 the person living in the home is not on the deed.

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

That’s why AARP Delaware supported House Bill 147, which would create a Transfer on Death Deed (TOD Deed) for our state. Governor Meyer signed the bill into law.

The document allows a homeowner to transfer their home to a loved one when they die simply by naming a beneficiary (just like we currently do with cars, pension proceeds, and retirement accounts). TOD 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 thirty states currently allow them.

By completing a TOD Deed and filing it with the Recorder of Deeds, homeowners can ensure their home goes directly to the person they choose, avoiding the complexity of probate or the expense of a trust. TOD Deeds can also help prevent fraud because they require notarization and must be publicly recorded before the property owner’s death, added safeguards not present with a will.

According to a 2024 AARP survey of older Americans, almost half [of the Respondents] don’t have a will, 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. TOD Deeds will give Delawareans an additional estate planning tool, especially useful for homeowners whose main asset is their home.

We thank Governor Meyer for signing this helpful legislation into law.

[Recorder Thornton's note:  We cannot record a TOD Deed unless the title is already clear.  We recommended to the Governor that Delaware establish a fund to asssit people who already have Tangled Titles clear them.  See Tangled Titles elsewhere on this website for more information. et]