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A New Law Makes it Easier to Get Your Affairs in Order

The New Transfer on Death Deed law makes life easier for Delawareans

AARP

Published March 31, 2026

Real estate agent showing a house for sale to a couple and pointing outside

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AARP wants to make estate planning easier. Getting your affairs in order is one of the best things you can do for your family. That’s why AARP Delaware is supportive of the new Transfer on Death Deed law is now in effect in Delaware.

If a Delaware homeowner dies without a valid will, it can cause a “tangled title.” This happens when the person living in the home is not listed on the deed. Without a clear title, they may not be able to get homeowner’s insurance, take out a home equity loan, or sell the house. If more than one heir claims the home, things get even harder. A “tangled title” can lead to a long and expensive legal process.

Experts say that everyone, even those with modest incomes, should have a will. Still, a 2024 AARP survey* found that only 51% of older Americans have one. The numbers are even lower for Hispanic (36%), Black (32%), and low-income people (33%). People gave many reasons, such as the cost, not wanting to think about death, or simply putting it off. When a homeowner dies without a will, the cost to clear the title can stop families from building generational wealth.

Delawareans can transfer personal property, such as cars, pension proceeds, mobile homes, and retirement accounts, upon death by designating a beneficiary. But we have no simple way to transfer houses and real estate.

Thirty states, the District of Columbia, and the U.S. Virgin Islands allow homeowners to transfer real property with a document called a Transfer on Death Deed (TOD deed). These deeds have been in use in the U.S. for more than 35 years. H.B. 147 would create a TOD deed for Delaware. If the bill is enacted, homeowners will have the option to use a TOD deed to transfer their home to a loved one when they die, without the complexity of probate or the expense of a trust. They would complete the form, name a beneficiary, have it notarized, and file it with the County Recorder of Deeds.

AARP supports TOD deeds as an estate-planning option, especially for homeowners whose primary asset is their home. They empower homeowners to keep full control of their property until the time of their death. A homeowner can easily change his or her mind about the deed in response to changing circumstances or family dynamics. No permission from the beneficiary is required to sell the property or to name a different beneficiary. TOD deeds can even help prevent fraud because they require notarization and must be publicly recorded before the property owner’s death, adding safeguards not present with a will.

Learn about Transfer on Death Deed for your County of residence:

Kent County

New Castle County

Sussex County

*Brown, S. Kathi. Disparities in Wealth Transfer: Experiences and Expectations of Adults Ages 50-Plus. Washington, DC: AARP Research, June 2024. https://doi.org/10.26419/res.00821.001