Delaware Code Title 25. Property § 217. Optional form of revocation

The following form may be used to create an instrument of revocation under this chapter.  The other sections of this chapter govern the effect of this or any other instrument used to revoke a transfer on death deed.

NOTICE TO OWNER

This revocation must be recorded before you die or it will not be effective.  This revocation is effective only as to the interests in the property of owners who sign this revocation.

IDENTIFYING INFORMATION

Owner or Owners of Property Making This Revocation as Grantor or Grantors:

REVOCATION

I revoke all my previous transfers of this property by transfer on death deed.

SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION

SIGNATURES OF WITNESSES TO THIS DEED

We do now hereby swear and affirm that we are signing our names to this instrument with the belief and knowledge that the owner or owners, was or were, at the time of signing of sound mind and memory, and free from any undue influence or coercion by any parties, including us as witnesses.

ACKNOWLEDGMENT

(insert acknowledgment here)

How do I use this form to revoke a Transfer on Death (TOD) deed? Complete this form.  Have it acknowledged before a notary public or other individual authorized to take acknowledgments.  Record the form in the public records in the office of the recorder of deeds of each county where the property is located.  The form must be acknowledged and recorded before your death or it has no effect.

Is the “legal description” of the property necessary? Yes.

How do I find the “legal description” of the property? This information may be on the TOD deed.  It may also be available in the office of the recorder of deeds for the county where the property is located.  If you are not absolutely sure, consult a lawyer.

How do I “record” the form? Take the completed and acknowledged form to the office of the recorder of deeds of the county where the property is located.  Follow the instructions given by the recorder of deeds to make the form part of the official property records.  If the property is located in more than one county, you should record the form in each of those counties.

I am being pressured to complete this form. What should I do?  Do not complete this form under pressure.  Seek help from a trusted family member, friend, or lawyer.

Do I need to tell the beneficiaries about the revocation of the TOD deed? No, but it is recommended.  Secrecy can cause later complications and might make it easier for others to commit fraud.

I have other questions about this form.  What should I do? This form is designed to fit some but not all situations.  If you have other questions, consult a lawyer.