Delaware § 209 Requirements

Delaware Statutes

§ 209 — Requirements

Delaware § 209

Title25

PartGeneral Provisions

Ch. 2Uniform Real Property Transfer on Death Act

This text of Delaware § 209 (Requirements) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 25, § 209 (2026).

Text

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 signatures required under this section.

(2)Be witnessed by 2 individuals, at least 1 of whom must not be a beneficiary.

(3)State that the transfer to the designated beneficiary is to occur at the transferor’s death.

(4)Be recorded before the transferor’s death in the public records in the office of the recorder of deeds of the county where the property is located.

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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 signatures required under this section.

(2) Be witnessed by 2 individuals, at least 1 of whom must not be a beneficiary.

(3) State that the transfer to the designated beneficiary is to occur at the transferor’s death.

(4) Be recorded before the transferor’s death in the public records in the office of the recorder of deeds of the county where the property is located.