Delaware's New Transfer-on-Death Deed, in the Words of an Attorney Watching It Up Close
Delaware was one of the last states in the country to let a house pass to a named beneficiary outside probate. Its Transfer on Death Act is so new that, as our guest notes below, none of it has been tested in court yet. For National Estate Planning Awareness Week, we asked Kathleen DeLacy, an estates attorney at Reger Rizzo & Darnall LLP whom her firm designated as its contact on the new law, what pushed Delaware to act, what homeowners are getting wrong about these deeds, and when a transfer-on-death deed is the wrong substitute for real planning. Her answers are below, in her own words.
Delaware was a late adopter of transfer-on-death deeds. What finally pushed the state to act in 2025?
The Legislature adopted a few laws over the past year and this year, I believe, to get in line with other states. Many other states have had these TOD deeds for several years, and the Recorder of Deeds and Register of Wills in Delaware support adopting this process to alleviate the need to open a formal probate estate when the only asset is real estate. It will also lessen the workload for the Register of Wills.
What's the biggest misunderstanding homeowners have about TOD deeds in the first months the law has been available?
Many people believe this is the only estate planning tool available and the way to go. However, there are also downsides to TOD deeds. Since the law is so new, nothing has been tested in court. If there are any issues, these deeds can be set aside, but doing so would involve litigation for the estate in our Court of Chancery.
A TOD deed overrides a conflicting will in Delaware. How do you counsel families who set one up years ago and never looked back?
I always tell clients they should review their estate planning documents every three to five years to avoid situations like that. The TOD deed may not be the only thing that needs to be addressed in a will, and most people fail to follow these simple guidelines, which can cause problems after their death. Things change over time, and once someone passes away or becomes incompetent, a will cannot be changed.
For a homeowner whose only major asset is the house, when is a TOD deed the right tool — and when is it a substitute for planning they actually need?
As an estate planning attorney, I would rather see an individual have the proper documents in place instead of substituting one tool for another. Many times, individuals don't understand what assets are included in an estate. That is why it is very important to consult a professional.
About this Q&A
Kathleen DeLacy is an estates attorney at Reger Rizzo & Darnall LLP, whose offices serve Pennsylvania, New Jersey, Delaware, Maryland, and New York. This written Q&A was conducted for Relative Ease News during National Estate Planning Awareness Week (October 19–25, 2026). Her closing point is the one Relative Ease is built around: a deed, a will, and the rest of a family's documents only work if the family can find them and the right professional is reachable — which is why the free Relative Ease directory lists licensed estate planning attorneys by state, alongside a free digital locker for keeping the documents themselves organized.