AN ACT TO AMEND TITLE 12, TITLE 25, AND TITLE 30 OF THE DELAWARE CODE RELATING TO THE UNIFORM REAL PROPERTY...
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HB 147 — AN ACT TO AMEND TITLE 12, TITLE 25, AND TITLE 30 OF THE DELAWARE CODE RELATING TO THE UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT.
Last action — Reported Out of Committee (Executive) in Senate with 1 Favorable, 3 On Its Merits
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 152nd General Assembly (2023-2024). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
This Act is a substitute for House Bill No. 147. Like House Bill No. 147, this Act provides a mechanism for the nonprobate transfer of real estate. This is done by permitting an owner of an interest in real estate to execute and record a transfer on death (TOD) deed designating a beneficiary who will automatically receive the real estate on the owner's death without a probate procedure. During the owner's lifetime the beneficiary of a TOD deed has no interest in the real estate and the owner retains full power to transfer or encumber the real estate or to revoke the deed. Like House Bill No. 147, this Act adopts the Uniform Real Property Transfer on Death Act authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Uniform Real Property Transfer on Death Act has been enacted in 18 states (including Virginia) and the District of Columbia and the U.S. Virgin Islands, and a substantially similar law has been enacted in 11 states. The Uniform Real Property Transfer on Death Act is pending before 3 state legislatures and has been enacted in New Hampshire and Utah this year. This Act differs from House Bill No. 147 as follows: (1) By making clear that a transfer of death deed takes precedence over any contrary instruction in a will to transfer the same property. (2) By making clear in the optional forms included in this Act, which may be used to create a transfer on death deed or revoke a transfer on death deed, that a transferor is a grantor and a beneficiary is a grantee. This change is made to assist the Recorders of Deeds in integrating the forms in their computerized databases. (3) By authorizing the Registers of Wills to adopt a form to be used by a beneficiary to provide notice of the death of a person whose property has transferred to the beneficiary by transfer on death deed. (4) By authorizing a beneficiary to file with the Register of Wills the death certificate of a person whose property has transferred to the beneficiary by transfer on death deed. (5) By making abundantly clear that which is already permitted under the law of this State, that a person may obtain from the Office of Vital Statistics a death certificate to establish their legal right to property and may disclose that death certificate to the Register of Wills to prove the person’s legal right to property. (6) Under Section 3 of this Act, clarifying that an individual who executed a transfer on death deed does not die seized of the property and, therefore, the property is not required to be included on an inventory and appraisal to the Register of Wills. (7) Making a clarification in § 5402 of Title 30 contained in Section 5 of this Act. (8) Delaying the effect of this Act until 90 days after its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Bill Text
- Bill Text View text Current pdf
Action History
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Reported Out of Committee (Executive) in Senate with 1 Favorable, 3 On Its Merits
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Assigned to Executive Committee in Senate
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Passed By House. Votes: 41 YES
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Amendment HA 1 to HS 1 - Stricken in House
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Amendment HA 1 to HS 1 - Introduced and Placed With Bill
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was introduced and adopted in lieu of HB 147
Sponsors
- David P. Sokola · Primary
- Russell Huxtable · Primary
- Kerri Evelyn Harris · Primary
- Marie Pinkney · Primary
- Brian Pettyjohn · Primary
- David L. Wilson · Primary
- Spiros Mantzavinos · Primary
- Nicole Poore · Primary
- William J. Carson · Primary
- S. Elizabeth Lockman · Primary
- Kendra Johnson · Primary
- Michael Ramone · Primary
- Sherry Dorsey Walker · Primary
- Sean Matthews · Primary
- Sarah McBride · Primary
- Paul S. Baumbach · Primary
Sponsorship breakdown
Export CSV (upgrade) →16 sponsors · 0 co-sponsors · 46 not signed on
Sponsors (16)
- David P. Sokola Democratic
- Russell Huxtable Democratic
- Kerri Evelyn Harris Democratic
- Marie Pinkney Democratic
- Brian Pettyjohn Republican
- David L. Wilson Republican
- Spiros Mantzavinos Democratic
- Nicole Poore Democratic
- William J. Carson Democratic
- S. Elizabeth Lockman Democratic
- Kendra Johnson Democratic
- Michael Ramone
- Sherry Dorsey Walker
- Sean Matthews
- Sarah McBride
- Paul S. Baumbach
Co-sponsors (0)
None.
Not signed on (46)
46 members have not signed on to this bill.
Show all 46 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Democratic | 20 | 0 | 0 | 0 |
| Republican | 14 | 0 | 0 | 0 |
| Total | 41 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 147 do?
- This Act is a substitute for House Bill No. 147. Like House Bill No. 147, this Act provides a mechanism for the nonprobate transfer of real estate. This is done by permitting an owner of an interest in real estate to execute and record a transfer on death (TOD) deed designating a beneficiary who will automatically receive the real estate on the owner's death without a probate procedure. During the owner's lifetime the beneficiary of a TOD deed has no interest in the real estate and the owner retains full power to transfer or encumber the real estate or to revoke the deed. Like House Bill No. 147, this Act adopts the Uniform Real Property Transfer on Death Act authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Uniform Real Property Transfer on Death Act has been enacted in 18 states (including Virginia) and the District of Columbia and the U.S. Virgin Islands, and a substantially similar law has been enacted in 11 states. The Uniform Real Property Transfer on Death Act is pending before 3 state legislatures and has been enacted in New Hampshire and Utah this year. This Act differs from House Bill No. 147 as follows: (1) By making clear that a transfer of death deed takes precedence over any contrary instruction in a will to transfer the same property. (2) By making clear in the optional forms included in this Act, which may be used to create a transfer on death deed or revoke a transfer on death deed, that a transferor is a grantor and a beneficiary is a grantee. This change is made to assist the Recorders of Deeds in integrating the forms in their computerized databases. (3) By authorizing the Registers of Wills to adopt a form to be used by a beneficiary to provide notice of the death of a person whose property has transferred to the beneficiary by transfer on death deed. (4) By authorizing a beneficiary to file with the Register of Wills the death certificate of a person whose property has transferred to the beneficiary by transfer on death deed. (5) By making abundantly clear that which is already permitted under the law of this State, that a person may obtain from the Office of Vital Statistics a death certificate to establish their legal right to property and may disclose that death certificate to the Register of Wills to prove the person’s legal right to property. (6) Under Section 3 of this Act, clarifying that an individual who executed a transfer on death deed does not die seized of the property and, therefore, the property is not required to be included on an inventory and appraisal to the Register of Wills. (7) Making a clarification in § 5402 of Title 30 contained in Section 5 of this Act. (8) Delaying the effect of this Act until 90 days after its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
- Who sponsors HB 147?
- HB 147 is sponsored by David P. Sokola (Democratic), Russell Huxtable (Democratic), Kerri Evelyn Harris (Democratic), Marie Pinkney (Democratic), Brian Pettyjohn (Republican), David L. Wilson (Republican), Spiros Mantzavinos (Democratic), Nicole Poore (Democratic), William J. Carson (Democratic), S. Elizabeth Lockman (Democratic), Kendra Johnson (Democratic), Michael Ramone, Sherry Dorsey Walker, Sean Matthews, Sarah McBride, and Paul S. Baumbach.
- What is the current status of HB 147?
- This bill died with 152nd General Assembly (2023-2024). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 147?
- Track HB 147 free on One Click Politics — get push/email alerts when it moves.
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