---
title: "Delaware Transfer-on-Death Deed | Funding LTC Marketplace"
url: https://fundingltcmarketplace.com/states/delaware/transfer-on-death-deed/
description: "Delaware's new statutory TOD deed is revocable and preserves public-assistance eligibility during life, but it is not a substitute for recovery analysis."
last_updated: 2026-10-20
author: George A. Mellendorf, CLTC, LTCP (Central States Insurance Services, Inc.)
publisher: Funding LTC Marketplace
note: Educational content; not legal, tax or financial advice. Markdown copy of the HTML page at the URL above.
---
Delaware · Asset Protection Tool

# Delaware Transfer-on-Death Deed

Last updated 2026-10-20

Delaware's Uniform Real Property Transfer on Death Act, found in Title 25, Chapter 2 of the Delaware Code, applies to any transfer-on-death deed made before, on, or after December 4, 2025 — as long as the property owner dies on or after that date. The Act lets an owner name one or more beneficiaries to receive Delaware real property automatically at death; the deed itself is revocable and nontestamentary while the owner is alive.

This is a true statutory TOD deed, distinct from an enhanced life-estate arrangement. The law explicitly preserves other legally available transfer methods, so a Delaware attorney can weigh a TOD deed against a conventional deed, a retained life estate, or a trust depending on the client's actual title, tax, creditor, and Medicaid circumstances.

## Sources and official resources

- [Delaware DHSS: Long Term Care Medicaid Programs](https://dhss.delaware.gov/dmma/home/medicaid/long-term-care-medicaid-programs/)
- [U.S. Code: 42 U.S.C. § 1396p (liens, estate recovery, transfers of assets, Partnership disregard)](https://www.law.cornell.edu/uscode/text/42/1396p)
- [CMS: 2026 SSI and Spousal Impoverishment Standards](https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf)

Rules and figures change. Confirm current details with the agency before you act.

[← Back to the full Delaware guide](https://fundingltcmarketplace.com/states/delaware/)