Warranty Deed in Delaware

A warranty deed transfers real estate with the seller's promise that the title is good. Before you record it, check your state's signing and recording rules below and your county recorder's formatting rules (margins, 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 must be duly signed and acknowledged to pass title; acknowledgment may be made before a notary public, a judge, the Superior Court, or other listed officers, or the deed may instead be proved in Superior Court by a subscribing witness. The statutory deed form includes lines for two witnesses, but the statute does not separately state a required number. The acknowledgment certificate must be attached to the deed, the grantee's address must be on or attached to the deed when recorded, and the deed is recorded with the county Recorder of Deeds where the land lies; priority runs from the time of recording. Source: 25 Del. C. §§ 121, 122, 123, 133, 151, 153
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

Signing and recording a deed

A deed must be duly signed and acknowledged to pass title; acknowledgment may be made before a notary public, a judge, the Superior Court, or other listed officers, or the deed may instead be proved in Superior Court by a subscribing witness. The statutory deed form includes lines for two witnesses, but the statute does not separately state a required number. The acknowledgment certificate must be attached to the deed, the grantee's address must be on or attached to the deed when recorded, and the deed is recorded with the county Recorder of Deeds where the land lies; priority runs from the time of recording.

Source: 25 Del. C. §§ 121, 122, 123, 133, 151, 153

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

Fill it in

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

WARRANTY DEED

For [consideration], [grantor name(s)], of [grantor address] ("Grantor"), grants and conveys to [grantee name(s)], of [grantee address] ("Grantee"), [how grantees take title], 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]

Grantor warrants the title to the property, as provided by [state] law, subject only to: [exceptions, e.g. easements and restrictions of record, current taxes].

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]

Warranty 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.