Delaware Code (Titles 8, 9, 25, 30)

25 Del. C. § 218

Form for notice of death of transferor; filing of transferor’s death certificate; beneficiary right to obtain transferor’s death certificate; executor or administrator inventorying of and access to property transferred by transfer on death deed; failure to file not invalidating

# (a)

A Register of Wills may adopt a form to be used by a beneficiary to provide notice of the death of a transferor whose property has transferred to the beneficiary by transfer on death deed.

# (b)

A beneficiary may present a transferor’s death certificate to a Register of Wills for filing with a form adopted under subsection (a) of this section or for filing to otherwise establish a transferor’s death.

# (c)

Notwithstanding the general prohibition of disclosure of a death certificate under § 3110 of Title 16, and consistent with the allowance for disclosure of protected health information when provided by statute under § 1212(a) of Title 16, the Office of Vital Statistics shall provide to a beneficiary a certified copy of a transferor’s death certificate.

# (d)

If a probate estate is opened with a Register of Wills for the transferor, property transferred to a beneficiary by transfer on death deed must be inventoried in accordance with § 1905 of Title 12. If a probate estate is not opened for the transferor, an inventory form does not need to be filed with a Register of Wills.

# (e)

By and through letters testamentary or of administration, the person designated as an executor or administrator shall have 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 transfer on death deed.

# (f)

A valid transfer on death deed transfers the real property immediately on the transferor’s death. Failure to file a notice form, death certificate, or inventory form under this section does not invalidate an otherwise valid transfer on death deed.

Amendment history

85 Del. Laws, c. 212, § 1

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In this title (40 sections)

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