§ 211 — Revocation by instrument authorized; revocation by act not permitted

Delaware § 211

• Jurisdiction: Delaware
• Title: 25
• Part: General Provisions
• Ch. 2: Uniform Real Property Transfer on Death Act

Text

(a) Subject to subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument meets all of the following:

(1) Is 1 of the following:

a. A transfer on death deed that revokes the transfer on death deed or part of the transfer on death deed expressly or by inconsistency.

b. An instrument of revocation that expressly revokes the transfer on death deed or part of the transfer on death deed.

c. An inter vivos deed that expressly revokes the transfer on death deed or part of the transfer on death deed.

(2) Is acknowledged by the transferor after the acknowledgment of the transfer on death deed being revoked and recorded before the transferor’s death in the public records in the office of the recorder of deeds of the county where the transfer on death deed is recorded.

(3) Is witnessed by 2 individuals.

(b) If a transfer on death deed is made by more than 1 transferor, all of the following applies:

(1) Revocation by 1 transferor does not affect the transfer on death deed as to the interest of another transferor.

(2) A transfer on death deed of joint owners is revoked only if the transfer on death deed is revoked by all of the living joint owners.

(c) After a transfer on death deed is recorded, the transfer on death deed may not be revoked by a revocatory act on the transfer on death deed.

(d) This section does not limit the effect of an inter vivos transfer of the property.

Legislative History

85 Del. Laws, c. 212, § 1