Quitclaim Deed in Delaware

A quitclaim deed transfers whatever interest you have in real estate, with no promise that the title is good. Before you record it, check your state's signing rules below and your county recorder's formatting rules (margins, paper size, preparer and return-address blocks, transfer-tax forms) — recorders reject deeds that miss them.

What Delaware law says

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. Source: 25 Del. C. §§ 122, 129, 133, 151; 30 Del. C. § 5402
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. Source: 25 Del. C. §§ 205, 208, 209, 211, 216

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.

Source: 25 Del. C. §§ 122, 129, 133, 151; 30 Del. C. § 5402

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.

Source: 25 Del. C. §§ 205, 208, 209, 211, 216

Fill it in

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Recording requested by and return to: [name and mailing address]

QUITCLAIM DEED

For [consideration, e.g. $10 or 'no consideration — gift'], [grantor name(s)], of [grantor address] ("Grantor"), quitclaims to [grantee name(s)], of [grantee address] ("Grantee"), [how grantees take title, e.g. as joint tenants with right of survivorship], all of Grantor's interest in the following real property in [county] County, [state]:

Legal description: [full legal description copied from the current deed]

Commonly known as: [street address] Parcel / tax ID: [parcel number]

Signed on [date signed]. Grantor signature(s): ____________________

[Acknowledgment before a notary public, in the form your state requires, and any witness signatures your state requires]

Send tax statements to: [name and address for tax bills]

Quitclaim Deed for other states · Delaware tenant rights

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.