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Delaware - Sussex County Warranty Deed Form

All Sussex County specific forms listed below are included in your immediate download:

Sussex County Warranty Deed Form Page 1

Warranty Deed Form - Sussex County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/18/2020


Sussex County Warranty Deed Guide Page 1

Warranty Deed Guide - Sussex County

Line by line guide explaining every blank on the form.
Included document last updated 10/6/2020


Sussex County Completed Example of the Warranty Deed Document Page 1

Completed Example of the Warranty Deed Document - Sussex County

Example of a properly completed form for reference.
Included document last updated 8/27/2020


*The Following Delaware and Sussex County supplemental forms are included as a courtesy with your order.


Affidavit of Realty Transfer Tax On Unincorporated Areas

Affidavit of Realty Transfer Tax On Unincorporated Areas

This affidavit is required on all Sussex County transactions (unincorporated and incorporated) and must be signed by the seller. Visit the Sussex Recorder of Deeds Forms page to generate an information sheet with instructions that are specific to the parcel in question.


First Time Home Buyer Affidavit

First Time Home Buyer Affidavit

This form is required if the buyer is claiming a transfer tax exemption for a first time home buyer in Sussex County.


Realty Transfer Tax Return and Affidavit of Gain and Value

Realty Transfer Tax Return and Affidavit of Gain and Value

This form is required at time of recordation, even if the transfer tax exemption is claimed. This form is complete and comes with instructions. Both versions are identical.


Real Estate Tax Return Declaration of Estimated Income Tax

Real Estate Tax Return Declaration of Estimated Income Tax

This form is for a non-resident, pass-through entity or corporation, who transfers real property in Delaware. The form is complete and comes with instructions.


Transfer Tax Exemptions

Transfer Tax Exemptions

If documentary tax stamp is due, it must be paid at the time of recording. This excerpt from the statutes lists all of the transfer tax exemptions under 5401 (1).


Notary Certificates

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.


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Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
  • Can the forms be re-used?
    • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • Are these forms guaranteed to be recordable in Sussex County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Sussex County including margin requirements, content requirements, font and font size requirements.
  • Do I have to enter all of my property information online?
    • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
  • Can I save the completed form, email it to someone?
    • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
  • Do I need any special software to use these forms?
    • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Warranty Deed Forms:

  • Sussex County

Including:

  • Bethany Beach
  • Bethel
  • Bridgeville
  • Dagsboro
  • Delmar
  • Dewey Beach
  • Ellendale
  • Fenwick Island
  • Frankford
  • Georgetown
  • Greenwood
  • Harbeson
  • Laurel
  • Lewes
  • Lincoln
  • Milford
  • Millsboro
  • Millville
  • Milton
  • Nassau
  • Ocean View
  • Rehoboth Beach
  • Seaford
  • Selbyville

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What is the Delaware Warranty Deed?

The possession of land, tenements, and hereditaments in Delaware can be transferred by a deed in writing and the legal estate will accompany the use and pass with it ( 101). A form for a conveyance of real estate is presented in 121 of the Delaware Revised Statutes. This form, if duly executed and acknowledged, is sufficient for a conveyance of real estate. However, the words "grant and convey" will operate as a special warranty against the grantor. But, in a warranty deed, the grantor warrants the title to the property to be indefeasible by anyone whether arising before or during the grantor's ownership.

Warranty deeds must be signed by the grantor and acknowledged before they can be recorded. A deed for the conveyance of lands can be acknowledged in any county in Delaware, by any party to the deed, in the Superior Court, before any judge in Delaware, notary public, before two justices of the peace for the same county, or before the mayor of the city of Wilmington. Alternatively, a deed can be proved in the court by one or more of the subscribing witnesses ( 122). The acknowledgement or proof of the warranty deed should be in a certificate that is attached to or endorsed on the deed ( 123). A recorder will not receive a warranty deed for recordation unless it is accompanied by an affidavit of residence ( 9605).

A warranty deed concerning land or tenements, acknowledged or proved and certified as provided, should be recorded in the recorder's office in the county wherein such lands or tenements are located ( 151). The recording of a deed in the recorder's office for one county will take effect only in respect to lands or tenements mentioned in the deed situated in such county ( 152). The priority of instruments is determined by the time of recording in the proper office ( 153). This type of recording statute is a pure race statute.

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Save Time and Money

Get your Sussex County Warranty Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.

Our Promise

The documents you receive here will meet, or exceed, the Sussex County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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October 25th, 2020

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