Realtor.com reports on Delaware's new Estate Planning Tool

Published on September 17, 2025

New Law Lets Homeowners in This State Transfer Property Without Probate

By Allaire Conte

When a person dies, they might expect their remaining assets to follow a common-sense line of succession, passing first to their spouse and then to their children. But even when these lines of succession are clearly outlined, assets fall through, burdening surviving family members with a costly probate process.

That’s exactly what happened to Margaret Miller [Millsboro, DE] after her husband, David, unexpectedly died only two years after they put their shared assets in a revocable living trust, the Cape Gazette reports. Somehow, $850,000 worth of assets remained titled in David’s name alone, leaving Margaret to navigate probate amid her grief.

In the end, it cost her close to $10,000 just to claim what was always meant to be hers.

Their story is not uncommon. But now, homeowners in Delaware have another option in their estate planning toolbox: a transfer on death deed for their home. This September, Gov. Matt Meyer signed the Transfer on Death Act, making it so homeowners can pass on real estate to heirs by designating a beneficiary during their lifetime.

What is a transfer on death (TOD) deed?

A transfer on death deed is almost exactly what it sounds like: a deed that allows the title to transfer to a named beneficiary upon the death of the deed holder.

With this new tool, Delaware homeowners can name a beneficiary who will receive the property automatically upon the owner’s death. The homeowner retains full control during their lifetime, with the freedom to sell or revoke the deed anytime.

The transfer on death deed also supersedes any written will, preventing any additional confusion or costly litigation following a homeowner's death.

With the new law, Delaware becomes the 33rd state with a TOD or beneficiary deed, joining nearby Washington, DC, and New York.