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Delaware Code
2025 Delaware Code
Title 25 - Property
Chapter 2. Uniform Real Property Transfer on Death Act [Effective Dec. 4, 2025].
§ 209. Requirements [Effective Dec. 4, 2025].
Universal Citation:
25 DE Code § 209 (2025)
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§ 209. Requirements [Effective Dec. 4, 2025]. 85 Del. Laws, c. 212, § 1;
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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