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Bill

HB 147

AN ACT TO AMEND TITLE 12, TITLE 18, TITLE 25, AND TITLE 30 OF THE DELAWARE CODE RELATING TO THE UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT.

153rd General Assembly (2025-2026) Introduced by Frank Cooke and 12 co-sponsors

Delaware enacts uniform transfer-on-death deed law allowing property owners to designate beneficiaries who inherit real estate directly, bypassing probate court proceedings.

Signed by Governor
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Bill Summary · HB 147

Legislative bill overview

HB 147 enacts Delaware's version of the Uniform Real Property Transfer on Death Act, allowing property owners to designate beneficiaries to inherit real estate directly upon death without going through probate court. The bill amends multiple sections of Delaware Code to establish the legal framework, procedures, and requirements for these "transfer on death" deeds.

Why is this important

This law provides Delaware residents with an alternative estate planning tool that can reduce probate costs, streamline property transfers, and maintain privacy compared to traditional will-based inheritance. It aligns Delaware with approximately 30 other states that have adopted similar uniform legislation, making estate planning more flexible for middle-class and working-class property owners who might otherwise face lengthy and expensive probate proceedings.

Potential points of contention

  • Impact on probate attorneys: Estate planning professionals may see reduced demand for probate services, potentially affecting their business model and revenue
  • Complexity and execution errors: Property owners using DIY transfer-on-death deeds without legal counsel might improperly execute documents, creating disputes among heirs or invalidating transfers
  • Creditor protections: Questions may arise about whether creditors can challenge these transfers or whether they adequately protect a deceased person's outstanding debts and obligations
  • Title insurance and lender concerns: Financial institutions may need clarity on how these deeds interact with mortgages, liens, and title insurance policies

Compiled from official sources — confirm details with the bill’s official record.

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