Delaware § 213 - Effect of transfer on death deed at transferor’s death.

§ 213. Effect of transfer on death deed at transferor’s death.

(a) Except as otherwise provided in the transfer on death deed or in this section, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:

(1) Subject to paragraph (a)(2) of this section, the interest in the property is transferred to the designated beneficiary in accordance with the transfer on death deed.

(2) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest of a designated beneficiary that fails to survive the transferor lapses.

(3) Subject to paragraph (a)(4) of this section, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.

(4) If the transferor has identified 2 or more designated beneficiaries to receive concurrent interests in the property, the share of 1 which lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.

(b) Subject to Chapter 1 of this title, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor’s death. For purposes of this subsection and Chapter 1 of this title, the recording of the transfer on death deed is deemed to have occurred at the transferor’s death.

(c) (1) If a transferor is a joint owner and is survived by 1 or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship.

(2) If a transferor is a joint owner and is the last surviving joint owner, the transfer on death deed is effective.

(d) A transfer on death deed transfers property without covenant or warranty of title even if the transfer on death deed contains a contrary provision.

85 Del. Laws, c. 212, § 1;