Delaware Transfer on Death Deed (TODD): What You Need to Know

Delaware has not adopted Transfer on Death Deed (TODD) legislation as of 2026. If you want a real estate asset to pass automatically to a beneficiary on your death without going through probate, you'll need to use a different tool.

Your alternatives in Delaware

Living trust: the standard estate-planning tool in non-TODD states. You transfer the property into a revocable living trust during life; the trust document names beneficiaries who take ownership at your death. Costs $1,500-$5,000 to set up with an attorney, but covers more than just one asset.
Joint tenancy with right of survivorship: add the intended beneficiary to the deed now, as a joint tenant with right of survivorship. When you die, they automatically own the property. Drawback: they have rights to the property NOW (can sell their share, expose it to their creditors, complicate refinancing). Usually not the right choice unless you genuinely want them to be a co-owner today.
Pay-on-death financial accounts for liquid assets; combined with a will for the house. The will still requires probate but is simpler than nothing.

What you should NOT do

Don't use a TODD form you found online. Delaware courts will not recognize a TODD; the deed will be invalid. Beneficiaries trying to claim under it after your death will face an expensive and possibly losing court fight.
Don't quitclaim the property to your intended beneficiary now as a workaround. That's an immediate gift, with all the gift tax, capital gains, and Medicaid look-back consequences. See our family transfer article.

Recommended next step

Consult an estate planning attorney licensed in Delaware. A two-hour consultation ($300-$800) is dramatically cheaper than the alternatives if you get this wrong. They can recommend the right tool for your situation and draft the documents.