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Del. Code tit. 25, § 209

Requirements

Known as the Uniform Real Property Transfer on Death Act

The act spans §§ 25–25 (21 sections).

85 Del

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.

Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.