What’s changed?
In Delaware, a significant estate‐planning tool just became available for homeowners. Under House Bill 147 (Substitute 1) (the “Uniform Real Property Transfer On Death Act”), effective December 4 or 5, 2025, homeowners will be able to execute a Transfer on Death (TOD) deed for real estate.
Here’s what that means in plain language:
While you’re alive, you remain 100 % in control of your property – you can sell, mortgage, change, and use it as you wish.
You record a special deed naming one or more “designated beneficiaries” who will automatically receive the property upon your death. That transfer happens outside of probate court.
The TOD deed must be signed, notarized and recorded in the county Recorder of Deeds before you die in order for it to be valid.
The beneficiary receives the property subject to any mortgages or liens still attached at your death.
In short: Delaware homeowners now have a legal route to have their home pass to heirs without going through the full probate process.
Neither Cetera Wealth Services, LLC nor any of its representatives may give legal or tax advice.