DE HB147

Establishes the Uniform Real Property Transfer on Death Act in Delaware, allowing property owners to execute and record a transfer on death (TOD) deed designating beneficiaries to automatically receive real estate upon death without probate proceedings.

TOD deeds are revocable during the owner's lifetime, do not affect the owner's ability to transfer or encumber property, and grant beneficiaries no legal interest until the owner's death; transfer occurs only if beneficiary survives the owner.

Requires TOD deeds to contain elements of a recordable inter vivos deed, state that transfer occurs at owner's death, and be recorded before owner's death in the county where property is located; revocation requires recorded instrument acknowledged after original deed.

TOD deed instructions take precedence over contrary provisions in a will; property transferred by TOD deed is not included in probate estate inventory and is exempt from transfer tax affidavit and tax form requirements.

Authorizes Registers of Wills to adopt forms for beneficiaries to provide notice of transferor's death and allows beneficiaries to file death certificates with the Register of Wills; act becomes effective 90 days after enactment.