DE HB147

Establishes the Uniform Real Property Transfer on Death Act in Delaware, allowing property owners to transfer real estate to designated beneficiaries upon death without going through probate by recording a transfer on death (TOD) deed

TOD deeds must be witnessed by 2 individuals (at least 1 non-beneficiary), notarized, state the transfer occurs at death, and recorded with the county recorder of deeds before the transferor dies to be valid

TOD deeds remain revocable at any time during the transferor's life and do not affect the owner's rights to sell, transfer, or encumber the property; the deed has no effect until death and transfers property subject to existing liens and mortgages

Property transferred via TOD deed remains liable for estate creditor claims and statutory allowances to surviving spouses/children if the probate estate is insufficient, with proceedings to enforce liability limited to 8 months after death

Exempts TOD deeds from realty transfer taxes and related affidavit requirements, provides beneficiaries 60 days of continued property insurance coverage after the transferor's death, and grants Chancery Court jurisdiction over validity challenges