Delaware § 211 - Revocation by instrument authorized; revocation by act not permitted.
Full text of Delaware Delaware Code § 211 — Revocation by instrument authorized; revocation by act not permitted., with citation guidance and answers to common questions.
§ 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.
85 Del. Laws, c. 212, § 1;Frequently Asked Questions About Delaware § 211
What does Delaware Code § 211 cover?
Section 211 ("Revocation by instrument authorized; revocation by act not permitted.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 211?
A common citation format is "Delaware Code § 211" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 211 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.