Delaware General Assembly

Passed 6/10/25

HS 1 for HB 147 w/ HA 1

6/6/25

Harris

This Amendment does all of the following: (1) Requires property transferred by a transfer on death deed to be inventoried along with other property of the deceased owner (“transferor”) if a probate estate is opened for the transferor with the Register of Wills. (2) Makes clear that the executor or administrator of the transferor’s estate has authority to access and safeguard personal property of the transferor held by the transferor at the time of death on real property titled in the transferor’s own name transferred at the transferor’s death by a transfer on death deed. (3) Makes clear that a valid transfer on death deed transfers the real property immediately on the transferor’s death and that the failure to file a notice form, death certificate, or inventory form under § 218 of Title 12, created by Hosue Substitute No. 1 for House Bill No. 147, does not invalidate an otherwise valid transfer on death deed.

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