Delaware: Do I Need a Transfer-on-Death Deed or Payable-on-Death Designation When My Will Leaves Everything to My Daughter? | Delaware Probate

Detailed Answer

Short answer: Yes — often you still need a transfer-on-death (TOD) deed or payable-on-death (POD) designation if you want assets to pass automatically to your daughter without probate. In Delaware, a will controls only assets that pass through probate. Nonprobate devices (beneficiary designations, POD/TOD accounts, joint ownership, and some deeds) generally transfer outside probate and thus can override the will.

This means that if you leave everything to your daughter in your will but you also have bank accounts, investment accounts, life insurance, retirement plans, or deeds that already name a different beneficiary (or name no beneficiary), those assets may not be governed by the will. To make assets pass directly to your daughter at your death and avoid probate delay and expense, you can use POD or TOD designations where those options exist.

How this works in Delaware (basic legal framework):

Delaware’s decedents’ estates and wills are governed under Title 12 of the Delaware Code. Wills distribute probate assets according to their terms, subject to statutory formalities and probate procedure (see Delaware Code, Title 12: Decedents’ Estates). For the text of Delaware’s probate law, see: https://delcode.delaware.gov/title12/
Real property and conveyancing are generally in Title 25 of the Delaware Code; any rules about deeds and recording are there or in local recording rules (see: https://delcode.delaware.gov/title25/). Whether a recorded beneficiary deed (if available in your county) creates a nonprobate transfer depends on the form and local recording rules.
Many asset types have their own rules. For example, bank and brokerage accounts often allow a POD or transfer-on-death registration; retirement accounts and life insurance pass by beneficiary designation named in the contract. Those contractual or registration-based transfers typically pass outside probate and will not be controlled by a will.

Typical scenarios (hypotheticals)

Hypothetical A — You have a checking account and you add a POD designation naming your daughter. On your death, the bank pays the account balance to your daughter directly, with minimal paperwork. The will does not need to mention that account. If you leave the account only in your will (no POD) then the account becomes part of probate and the will’s gift governs.
Hypothetical B — You own a house in your name and you execute and properly record a transfer-on-death deed (if your county and the applicable Delaware rules permit that form of deed). If valid, the deed will operate to transfer your real property directly to the named beneficiary at your death and avoid probate; a will typically cannot override a valid TOD deed.
Hypothetical C — You list your daughter as the beneficiary on your 401(k). That 401(k) passes under the plan’s rules to the named beneficiary, not under the will.

Conflicts and surprises

Beneficiary designations and POD/TOD registrations generally trump a will. If your will leaves everything to your daughter but an account names someone else (or names no one), the named beneficiary (or the default rules of the account) govern.
Joint ownership with right of survivorship also passes outside probate. Joint owners may become sole owner at death, despite what the will says.
If you intend all your property to go to your daughter, you must coordinate your will with beneficiary designations, deeds, and account registrations. Otherwise you can have unintended results and possible litigation among heirs.

Practical checklist for Delaware residents who want all property to go to one person:

Inventory assets: bank accounts, investment accounts, retirement accounts, life insurance, real estate, safe-deposit boxes, and titles.
Review beneficiary designations and POD/TOD registrations on each account. Change them to your daughter where appropriate.
For real property, check whether your county allows a beneficiary deed (TOD deed) and the exact statutory and recording requirements; if available and appropriate, complete and record the deed correctly.
Update or create a will to reflect your current wishes, but remember the will will not control assets with valid nonprobate designations.
Consider whether joint ownership, powers of attorney, or trusts better accomplish your goals; a revocable living trust, for example, can avoid probate for assets properly titled in the trust.

Where to look in Delaware law

For probate and wills: Delaware Code, Title 12 (Decedents’ Estates). Browse here: https://delcode.delaware.gov/title12/

For rules on real property and conveyances: Delaware Code, Title 25 (Real and Personal Property). Browse here: https://delcode.delaware.gov/title25/

For institution-specific rules (banks, brokerages, retirement plans): check the account contract or plan documents. Banks and firms often require a specific POD form or a recorded deed in a specific form for real property transfers.

Bottom line: If you want assets to pass directly to your daughter and avoid probate, you should use POD/TOD designations or other nonprobate devices where available and make sure they are consistent with your will. A will alone does not automatically make all property pass outside probate nor override beneficiary designations.

Disclaimer: This article explains general principles and Delaware legal resources and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Delaware attorney who can review your assets and documents.

Helpful Hints

Make a complete asset list before changing anything. A single overlooked account can defeat your plan.
Beneficiary designations beat wills. Update beneficiaries when major life changes occur (marriage, divorce, birth, death).
Keep originals or certified copies of recorded deeds and beneficiary forms in a safe place and tell your executor where to find them.
If you have real estate, call your county recorder or clerk to confirm whether Delaware (or your county) accepts a transfer-on-death deed and ask about required wording and recording steps.
Consider a short meeting with an estate planning attorney to coordinate your will, deeds, beneficiary forms, and any trust — that one meeting can prevent contradictory documents and costly probate.
For retirement accounts and life insurance, confirming beneficiary designations with the plan administrator is often faster and cheaper than probate-based transfers.