Recorder Proud of TODD's Kent County Roots

Published on September 29, 2025

"This initiative supports my vision to make recording property records safer, faster and more convenient for everyone."

By Eugenia Thornton

Kent County resident Natalie Buzzard’s intention to legalize transfer-on-death deeds in Delaware was realized when Gov. Matt Meyer signed House Bill 147 into law Sept. 5.

In 2020, Mrs. Buzzard approached my predecessor, saying she wanted to name beneficiaries on her and her husband’s deeds, as she could with bank accounts and financial documents. When she learned Delaware did not have such a law and that no legislation was pending for it, she wrote legislators one by one.

Five years and three legislative sessions later, thanks to Mrs. Buzzard; the bill’s previous and current sponsors; the AARP and many other nonprofits; my mentor, friend and colleague, New Castle County Recorder of Deeds Michael Kozikowski; and — with all due modesty — my own considerable and indefatigable efforts, beginning in August 2023, Delaware now joins the majority of states where these deeds are legal.

A transfer-on-death deed allows you to inexpensively designate beneficiaries to inherit your real estate instantly upon your death, avoiding probate. You can revoke the TODD any time by recording a new one, revoking it or by an inconsistent act, such as selling the property. Tearing it up, as you would a will, does not invalidate it because it is a matter of public record online; therefore, the original paperwork is meaningless. (This is the same as with any deed. See my factsheet, “Why can’t I change my Deed?”)

A TODD is a low-cost estate-planning alternative for a person of modest means who might otherwise die without a will. According to a 2024 AARP study, more than half of respondents said they had made a will. When broken down by race and income levels, that number dropped to only 30% in some communities.

Unless you make a will or trust or use a TODD, you risk your heirs being determined by the laws of the state of Delaware. The resulting so-called “heirs’ property” might be owned by more than a dozen people, and the number could grow over time.

Without a clear owner, the property’s equity cannot be realized, and it cannot be fixed up or sold. It is vulnerable to property fraud. Resolving the legal complications of “tangled titles” can take time, money, lawyers and courts. I suggest that Delaware create a fund to defray costs for people of modest means, because we cannot record a transfer-on-death deed unless there is a clear title.

Not only do “tangled titles” negatively impact heirs’ ability to create generational wealth, but they can also bring down the entire neighborhood. These properties can sit empty and even be unsafe, possibly collapsing due to a lack of maintenance.

The John Coltrane House in Philadelphia is a nearby example. Coltrane lived in his rowhouse in the 1950s. He kicked his heroin habit and developed his cool jazz sounds while living there. Despite being listed as a National Historic Landmark in 1999 and a nonprofit raising $5.2 million to rehab it, its cloudy title kept plans to revive it stalled for decades.

I have curated a lot of information about TODDs and posted it on my portion of the Kent County website. There, you can download the forms, follow step-by-step instructions, read what experts around the country say about the deeds and much more. You can even find out where to seek free or low-cost legal advice if you qualify for it.

While the law does not require you to hire an attorney to complete a TODD, it is best to consult one to determine whether it’s the right choice. My staff and I cannot help you make that call; we will only ensure that you have filled out the form correctly, paid the right fees and had it signed by two witnesses and a notary public.

I’m proud of this law’s Kent County roots, from Mrs. Buzzard having the idea to House of Representatives’ leader Kerri Evelyn Harris, D-Dover, being the prime sponsor and Sen. Eric Buckson, R-Camden, co-sponsoring it. Every Kent County legislator voted for it.

This initiative supports my vision to make recording property records safer, faster and more convenient for everyone. It was my honor to help bring transfer-on-death deeds to the citizens of Delaware.

For information, visit kentcountyde.gov. If you want to schedule a briefing for your church, civic or veterans organization, email recorder@kentcountyde.gov or call 302-744-2321.

Eugenia Thornton has been the Kent County Recorder of Deeds since January 2023.  Prior to that, she was a Kent County Planning Commissioner for 13 years.

Reader reactions, pro or con, are welcomed at civiltalk@iniusa.org.