Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 211
Revocation by instrument authorized; revocation by act not permitted
# (a)
Subject to subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument meets all of the following:
# (1)
Is 1 of the following:
a. A transfer on death deed that revokes the transfer on death deed or part of the transfer on death deed expressly or by inconsistency.
b. An instrument of revocation that expressly revokes the transfer on death deed or part of the transfer on death deed.
c. An inter vivos deed that expressly revokes the transfer on death deed or part of the transfer on death deed.
# (2)
Is acknowledged by the transferor after the acknowledgment of the transfer on death deed being revoked and recorded before the transferor’s death in the public records in the office of the recorder of deeds of the county where the transfer on death deed is recorded.
# (3)
Is witnessed by 2 individuals.
# (b)
If a transfer on death deed is made by more than 1 transferor, all of the following applies:
# (1)
Revocation by 1 transferor does not affect the transfer on death deed as to the interest of another transferor.
# (2)
A transfer on death deed of joint owners is revoked only if the transfer on death deed is revoked by all of the living joint owners.
# (c)
After a transfer on death deed is recorded, the transfer on death deed may not be revoked by a revocatory act on the transfer on death deed.
# (d)
This section does not limit the effect of an inter vivos transfer of the property.
Amendment history
85 Del. Laws, c. 212, § 1
Source: view the official text
In this title (40 sections)
- 25-158 · Enforceability of certain leases and documents pertaining to…
- 25-171 · Acknowledgment or proof
- 25-172 · Acknowledgment of deed after recording letter of attorney
- 25-173 · Power of married woman to make letter
- 25-174 · Persons serving with armed forces
- 25-180 · Short title
- 25-181 · Definitions in this subchapter
- 25-182 · Validity of electronic documents
- 25-183 · Recording of documents
- 25-184 · Uniform standards
- 25-201 · Short title
- 25-202 · Definitions
- 25-203 · Applicability
- 25-204 · Nonexclusivity
- 25-205 · Transfer on death deed authorized
- 25-206 · Transfer on death deed revocable
- 25-207 · Transfer on death deed nontestamentary
- 25-208 · Capacity of transferor
- 25-209 · Requirements
- 25-210 · Notice, delivery, acceptance, consideration not required
- 25-211 · Revocation by instrument authorized; revocation by act not…
- 25-212 · Effect of transfer on death deed during transferor’s life
- 25-213 · Effect of transfer on death deed at transferor’s death
- 25-214 · Disclaimer
- 25-215 · Liability for creditor claims and statutory allowances
- 25-216 · Optional form of transfer on death deed
- 25-217 · Optional form of revocation
- 25-218 · Form for notice of death of transferor; filing of transferor’s…
- 25-219 · Jurisdiction
- 25-220 · Uniformity of application and construction
- 25-221 · Relation to Electronic Signatures in Global and National…
- 25-301 · Fines and common recoveries
- 25-302 · Bar of estate tail by deed
- 25-303 · Warranty by life tenant and collateral warranty
- 25-304 · Permanent leasehold estates as estates in fee simple
- 25-305 · Deeds by foreign corporations; recording as evidence;…
- 25-306 · Title and disposal of property by aliens
- 25-307 · Title derived through alien
- 25-308 · Validity of conveyances to or from aliens
- 25-309 · Conveyance of real estate between spouses