Detailed answer: how property ownership can pass and what you must do in Delaware

After a spouse dies, the exact steps to make your child the recorded owner depend on how the property was owned before death and whether the decedent left a valid will. Below are the common ownership scenarios and the actions each requires under Delaware practice:

1. Check how title was held (first and most important step)

Obtain a certified copy of the current deed from the county Recorder of Deeds (where the property is located) or review the deed you already have. Look for terms like “joint tenancy with right of survivorship,” “tenancy by the entirety,” or sole ownership. The words on the deed determine whether the asset passed automatically to the surviving owner or whether it became part of the decedent’s estate.

2. If the deed shows joint tenancy with right of survivorship or tenancy by the entirety

Where the deceased spouse held title with survivorship language, ownership typically passed automatically to the surviving owner on death. To update public records so the child (or the survivor) is listed, you typically need:

• A certified death certificate for the deceased spouse;
• A sworn affidavit of survivorship or an affidavit explaining title history (requirements vary by county); and
• A properly drafted deed (if you are changing ownership now to your child rather than keeping it in the survivor’s name) executed by the current legal owner (the survivor) and then recorded.

If the property passed automatically to you as surviving spouse and you now want the child to be owner, you (as the current owner) usually sign a new deed conveying title to your child. That deed must be acknowledged before a notary and recorded at the county Recorder of Deeds.

3. If the deceased spouse owned the property in their name alone (no survivorship)

If the decedent was sole owner at death, the property becomes part of the decedent’s probate estate. Transferring title to a child requires formal probate administration or an appointed personal representative to convey the property. Typical steps:

1. Locate a will. If there is a will, it names an executor. If there is no will, the court will appoint an administrator.
2. Commence probate in the appropriate Delaware probate court or register of wills office. The personal representative receives letters testamentary or letters of administration authorizing them to act on behalf of the estate.
3. The personal representative signs and delivers a deed (often called an executor’s deed or administrator’s deed) transferring the property to the child according to the will or intestacy law.
4. Record the deed at the county Recorder of Deeds to update title.

Delaware’s statutes governing decedents’ estates appear in Title 12 of the Delaware Code; you can read the statutes here: Delaware Code, Title 12 — Decedents’ Estates.

4. If the estate is small or you believe a shortcut applies

Some states allow simplified processes for small estates. Delaware has specific procedures and timelines for probate and claims against estates. Real property, however, commonly requires either probate or a formal transfer document signed by the personal representative. Check Delaware probate rules before assuming a small‑estate affidavit will clear title. See Title 12 and contact the Delaware courts for details: courts.delaware.gov.

5. Prepare the new deed for recording

When you transfer property to your child (whether you are the surviving owner or the estate’s personal representative is conveying), the deed should contain:

• Correct legal description of the property (from the previously recorded deed);
• Name of the grantor (person signing away title);
• Name of the grantee (your child);
• A statement of consideration (e.g., “for $1 and other good and valuable consideration” or describe the nature of the transfer) — consult county requirements for wording; and
• Proper acknowledgment (notarization) by the grantor.

After execution and notarization, record the deed with the Recorder of Deeds in the county where the property lies. Recording makes the child’s ownership a matter of public record.

6. Taxes, transfer fees, and reporting

Delaware and local governments may impose transfer taxes, documentary fees, county recording fees, or other obligations when real estate changes hands. Contact the Delaware Division of Revenue and the county Recorder of Deeds for amounts and forms. The Division of Revenue website is: revenue.delaware.gov. Failure to pay required transfer taxes or to properly report a transfer can delay recording and create problems in title.

7. Clearing clouds on title

If someone else claims an interest in the property, if title records are inconsistent, or if an executor cannot be located, you may need additional court procedures (for example, a quiet title action or a judicial determination in probate). A Delaware attorney can advise about these remedies.

8. Where to get county recording rules and forms

Recording requirements (format, margins, fee levels, and additional affidavits) vary by county in Delaware (New Castle, Kent, Sussex). Contact the Recorder of Deeds office for the county where the property sits to confirm submission requirements and fees.

Key legal references (Delaware)

• Delaware Code, Title 12 (Decedents’ Estates): https://delcode.delaware.gov/title12/
• Delaware Code, Title 25 (Property): https://delcode.delaware.gov/title25/
• Delaware Courts (probate and court contact information): https://courts.delaware.gov
• Delaware Division of Revenue (transfer tax and recording tax information): https://revenue.delaware.gov

Because probate and real property practice involve strict local and statutory rules, you should confirm steps with the relevant county office or consult a Delaware attorney experienced with real estate and probate before signing or recording documents.

Helpful Hints

• Start by obtaining several certified copies of the death certificate from the state vital records office — many offices demand an original certified copy for record updates.
• Pull the recorded deed early. It tells you whether survivorship existed and who must sign to transfer title.
• If you are the surviving joint owner and you simply want to transfer title to your child, you can execute a new deed conveying the property to the child — but be sure you understand the tax and Medicaid implications of giving away real property.
• If there is a will, find it quickly; the named executor has authority to transfer real estate after probate.
• If the decedent left no will, Delaware intestacy rules determine heirs. Title transfers under those rules only after the court appoints an administrator and the estate completes the required steps.
• Always get deeds drafted or reviewed by a lawyer or an experienced title professional to avoid scrivener errors that can cloud title.
• Before recording, check for required transfer tax forms or stamps; recording clerks will often refuse an unaccompanied deed if fees/taxes aren’t paid or forms aren’t filed.
• If someone else disputes ownership, get legal advice right away — quiet title or declaratory relief may be necessary and those proceedings take time.
• Keep full copies of everything you record and proof of payment of recording and transfer taxes.