Skip to main content
Find a Lawyer

Delaware Code Title 25. Property § 211. Revocation by instrument authorized;  revocation by act not permitted

Current as of January 01, 2026 | Updated by Findlaw Staff

(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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Delaware Code Title 25. Property § 211. Revocation by instrument authorized;  revocation by act not permitted - last updated January 01, 2026 | https://codes.findlaw.com/de/title-25-property/de-code-sect-25-211/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard