For Real Estate: Transfer On Death Deed
By Jaclyn Quinn, Esq.
Delaware Community Reinvestment Action Council, Inc.
As of December 5, 2025, Delaware’s Transfer On Death Deed (TODD) legislation is in effect, which is good news for property owners seeking a straightforward way to designate a recipient of their real estate without engaging in a full-fledged estate planning process.
As the name suggests, a TODD establishes to whom real estate should transfer upon your passing, similar to a beneficiary designation on a financial account. One important distinction to note is that it must be recorded in the Recorder Of Deeds Office in the county in which the property is located. A valid TODD must include a property description, and then be signed, witnessed by two people, notarized, and officially recorded. Upon the death of the property owner, the named grantee on the TODD becomes the new owner automatically.
There are several benefits. A TODD transfers real estate directly to a beneficiary with the intent of avoiding the probate process—that is, the process of transferring property through a Will, or without a Will through intestate succession. In our estate planning practice at DCRAC Law, avoiding probate is a great option for those who are leaving their property to one person or to a limited number of family members, because it facilitates efficient legal transfer without (potentially expensive) extra steps involved.
Another benefit of a TODD is that it is entirely revocable during the grantor’s lifetime. The owner can revoke a TODD and replace it with another deed designating a different grantee, sell the real estate, mortgage the property, or make other changes without needing anyone’s permission.
Until death, the owner does not lose any property rights, and the recipient doesn’t gain any. That’s what makes a TODD a good alternative to adding another owner to the property; it allows an owner to retain more control in their lifetime, with a lower cost than planning options – such as a trust – that accomplish something similar but in a much more complex fashion.
This can be a great option for many property owners, but anyone considering recording a TODD should still use caution and consider what tools are most appropriate for their situation. If a property owner wants to leave real estate to several beneficiaries, the TODD process can quickly become complicated if any of the multiple beneficiaries predecease the original owner. With multiple recipients of a property, a trust may still be a safer, if less simple, option.
In addition, if a property still has any mortgages or liens on it at the time of the owner’s death, probate may be necessary to resolve those outstanding issues, even where a TODD exists. Typically, if the property comes with debts that the deceased owner’s assets cannot pay off, real estate transferred via TODD is subject to leverage to satisfy the debts, no matter the wishes of the intended owners or any instructions left in a Will. The only way to change a TODD is to revoke and file a new one, so a more complex situation still makes for more complex transfers.
While a TODD may seem like a simple tool—and it often is—we still strongly advise seeking legal advice if you are considering this option in your broader estate planning.
If you need legal advice, Jaclyn Quinn is licensed to practice law in Delaware and she and her colleague Matt Carucci at the Delaware Community Reinvestment Action Council are available to assist. For more information, or to schedule a consultation, please call paralegal Mayela Rosales at (302) 230-2970 or email [email protected]. For more information, visit dcrac.org.
Bio
Jaclyn Quinn, Esq. joined the Delaware Community Reinvestment Action Council (DCRAC) in 2011, first as a volunteer, then as staff. In 2014 Jaclyn opened and grew her private practice until 2019, when DCRAC Law opened to the community. DCRAC Law is a nonprofit law firm providing tax, title, and other legal services to those unable to pay market rates.
Jaclyn graduated with a B.A. in Political Science from The College of New Jersey before moving to Delaware to pursue her J.D. at Widener University- Delaware Law School. She was admitted to the Delaware Bar in 2012, and is also barred in U.S. Tax Court and U.S. Immigration Court. She has volunteered with the Office of the Child Advocate, DVLS, and assists as pro bono counsel in a variety of cases.
Jaclyn Quinn, Esq. Delaware Community Reinvestment Action Council (DCRAC)
302-298-3251 [email protected] www.dcrac.org
@dcracdelcra on instagram & @DCRACDelCRA on facebook
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