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By: William "Bill" Erhart

TRANSFER ON DEATH DEED: CURE FOR PROBATE OR PANACEA?

Governor Meyer signed House Bill 147, the Uniform Real Property Transfer on Death Act on September 5, 2025. It can be found at 25 Delaware Code Chapter 2. https://delcode.delaware.gov/title25/c002/index.html. The Act, creates a Transfer on Death Deed (“TODD”). It is intended to create a mechanism to avoid probate. According to the official synopsis of House Bill 147, “a beneficiary who will automatically receive the real estate on the owner's death without a probate procedure.” (Emphasis supplied). https://legis.delaware.gov/BillDetail?LegislationId=142272.

Is that true?

Probate is the process of transferring property out of the name of the dead into the name of the living. If property is solely in an individual’s name at death and there is no contractual or statutory authorization to pass title to a beneficiary or heir, then there is a probate. It does not matter whether the property is a car, bank account or house. With most types of property, one can designate a beneficiary. A beneficiary is entitled to...

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