New Castle County Revocation of Transfer on Death Deed Form

Additional Delaware and New Castle County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in New Castle County

Properties in any of these areas use New Castle County forms:

• Bear
• Claymont
• Delaware City
• Hockessin
• Kirkwood
• Middletown
• Montchanin
• New Castle
• Newark
• Odessa
• Port Penn
• Rockland
• Saint Georges
• Townsend
• Wilmington
• Winterthur
• Yorklyn

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How you can revoke a TODD
a. Once a Transfer on Death Deed has been recorded, it can only be revoked in writing.
It cannot be revoked by tearing it up, crossing it out, or writing “void” on it.
To revoke a TODD (or part of it), the revoking document must:
1. Be one of these three types of documents:
A new Transfer on Death Deed that clearly cancels the earlier TODD (either by saying so directly or by naming different beneficiaries in a way that conflicts with the old one), or
A separate written revocation document that clearly states the TODD (or part of it) is revoked, or
A regular deed signed during your lifetime (such as a warranty or quitclaim deed) that clearly states the TODD (or part of it) is revoked.

2. Be properly signed and recorded:
It must be signed and notarized after the TODD being revoked was signed, and
It must be recorded before the owner dies in the same county where the TODD was recorded.

3. Be witnessed by two people.

(b) If more than one owner signed the TODD
If a TODD was signed by more than one property owner:
1. One owner cannot cancel the TODD for the others.
If one owner revokes the TODD, it only affects that owner’s share.

2. For joint owners with survivorship rights:
The TODD is canceled only if all living joint owners revoke it together.

(c) What you cannot do
After a TODD is recorded, you cannot revoke it by a physical act, such as:
tearing it up
writing on it
destroying it
marking it “void”
Only a properly recorded written document can revoke it.

(d) Selling or transferring the property during life
This rule does not limit your ability to sell, gift, or otherwise transfer the property while you are alive.
If you transfer the property during your lifetime, that transfer automatically overrides the TODD.

Summary:
A TODD can only be revoked by a new written, recorded document.
Physical acts do not revoke it.
If there are multiple owners, each owner controls only their own share.
Joint owners must all revoke together to cancel a joint TODD.
Selling or deeding the property during life still works normally.

Important: Your property must be located in New Castle County to use these forms. Documents should be recorded at the office below.

This Revocation of Transfer on Death Deed meets all recording requirements specific to New Castle County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable New Castle County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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