A house or land without probate in Delaware

For owners who die on or after December 4, 2025, Delaware real estate can pass to a named beneficiary by a transfer on death deed. The deed must have the formalities of a recordable deed with all signatures notarized, be witnessed by two people (at least one not a beneficiary), say the transfer happens at the owner's death, and be recorded with the county recorder of deeds before the owner dies.

Checked against official sources: October 30, 2026.

Transfer-on-death (TOD) and payable-on-death (POD) in Delaware

Real estate (TOD deed)

Yes · Transfer on death deed (Uniform Real Property Transfer on Death Act)

For owners who die on or after December 4, 2025, Delaware real estate can pass to a named beneficiary by a transfer on death deed. The deed must have the formalities of a recordable deed with all signatures notarized, be witnessed by two people (at least one not a beneficiary), say the transfer happens at the owner's death, and be recorded with the county recorder of deeds before the owner dies. If the probate estate cannot pay allowed claims or allowances, the estate can reach the property, but a proceeding must start within eight months after the death.

Law: 25 Del. C. secs. 201-221 (85 Del. Laws c. 212)

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Real estate in Delaware
Has its own procedure

The affidavit cannot be used at all if the person owned Delaware real estate alone or as a tenant in common; that estate needs probate.

Law: 12 Del. C. 2306(a)(6)

Main home (primary residence)
Has its own procedure

If the person owned their Delaware home alone or as a tenant in common, the affidavit cannot be used. A home held jointly with survivorship or passing by a transfer on death deed does not need probate.

Law: 12 Del. C. 2306(a)(6)

Surviving spouse in Delaware

A surviving spouse may claim a cash allowance of up to $7,500 from the estate by notifying the Register of Wills and the executor or administrator in writing within 9 months of the death or 6 months of the grant of letters, whichever is shorter. Before using the small estate affidavit, this allowance must be paid, provided for, waived or have lapsed.

Who inherits with no will in Delaware

If there is no will: a spouse with no surviving children, grandchildren or parents gets everything. If the person left a parent but no descendants, or left descendants who are all also the spouse's, the spouse gets the first $50,000 of the personal property plus half of the rest, plus a life estate in the real estate. If some descendants are not the spouse's, the spouse gets half of the personal property plus a life estate in the real estate. The rest goes to the children (and descendants of deceased children); then parents; then brothers and sisters and their descendants; then the next of kin.

Law: 12 Del. C. secs. 502, 503

Source: Official page

Related pages

Free help in Delaware

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.