Quitclaim Deeds and Transferring Property in Delaware
How to sign and record a quitclaim or other deed in Delaware, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: A deed is acknowledged before a notary public, a Delaware judge, the Superior Court, 2 justices of the peace of the same county, or the Mayor of Wilmington (deeds signed outside Delaware may be acknowledged as allowed for out-of-state acknowledgments). 25 Del. C. §§ 122, 129, 133, 151; 30 Del. C. § 5402
| Signing and recording a deed | A deed is acknowledged before a notary public, a Delaware judge, the Superior Court, 2 justices of the peace of the same county, or the Mayor of Wilmington (deeds signed outside Delaware may be acknowledged as allowed for out-of-state acknowledgments). The grantee's address must be placed on or attached to the deed. Deeds are recorded with the Recorder of Deeds in the county where the land is located. Delaware's state realty transfer tax is 3% of the property's value, or 2.5% where the county or town levies its full 1.5% local transfer tax (about 4% combined in those places); the state tax is split equally between seller and buyer unless an exemption applies. Transfer tax exemptions (for example for certain family transfers) are listed in 30 Del. C. § 5401; check with the county recorder before recording. Re-verified and corrected 2026-10-27. |
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| Transfer-on-death deed | Yes. An owner may transfer real estate to one or more beneficiaries at death with a transfer on death deed. The owner needs the same mental capacity as for a will. The deed must have all the formalities of a recordable deed with notarized signatures, be witnessed by 2 people (at least one not a beneficiary), state that the transfer happens at the owner's death, and be recorded with the county recorder of deeds before the owner dies. It can be revoked by a later recorded instrument, not by tearing it up. The statute includes an optional form. Delaware's transfer on death deed law was added by 85 Del. Laws c. 212. Re-verified 2026-10-27. |
Official forms
- Sussex County Register of Wills forms library (probate packet, inventory, accounting, Real Property Transfer on Death Deed Affidavit, Certified Small Estate Affidavit Request Form)
- Delaware optional Transfer on Death Deed form (text in statute, 25 Del. C. § 216)
Free Delaware quitclaim deed template — fill in and print
More Delaware estate law
- Medical Power of Attorney in Delaware
- Small Estate Affidavit in Delaware
- Power of Attorney in Delaware
- Who Inherits If You Die Without a Will in Delaware
- How to Make a Valid Will in Delaware
- How Probate Works in Delaware
- Living Wills and Advance Directives in Delaware
- Revocable Living Trusts in Delaware
- Executor Duties in Delaware
- Letters Testamentary in Delaware
- Affidavit of Heirship in Delaware
- How to Avoid Probate in Delaware
- Transferring a Car After Someone Dies in Delaware
- All Delaware wills, probate and estate rules
FAQ
What does a quitclaim deed need to be valid in Delaware?
A deed is acknowledged before a notary public, a Delaware judge, the Superior Court, 2 justices of the peace of the same county, or the Mayor of Wilmington (deeds signed outside Delaware may be acknowledged as allowed for out-of-state acknowledgments). The grantee's address must be placed on or attached to the deed. Deeds are recorded with the Recorder of Deeds in the county where the land is located. Delaware's state realty transfer tax is 3% of the property's value, or 2.5% where the county or town levies its full 1.5% local transfer tax (about 4% combined in those places); the state tax is split equally between seller and buyer unless an exemption applies.
Does Delaware allow transfer-on-death deeds?
Yes. An owner may transfer real estate to one or more beneficiaries at death with a transfer on death deed. The owner needs the same mental capacity as for a will. The deed must have all the formalities of a recordable deed with notarized signatures, be witnessed by 2 people (at least one not a beneficiary), state that the transfer happens at the owner's death, and be recorded with the county recorder of deeds before the owner dies. It can be revoked by a later recorded instrument, not by tearing it up. The statute includes an optional form.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.