How do I determine ownership when my deceased parent is the only name listed on the deed? – DE | Delaware Probate | FastCounsel
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How do I determine ownership when my deceased parent is the only name listed on the deed? – DE

August 5, 2025 2 min read

Detailed Answer

When your deceased parent is the sole name on the deed in Delaware, the property typically becomes part of their probate estate. You must follow several steps to determine current ownership and transfer title:

1. Examine the Deed and Public Records

  • Obtain a certified copy of the deed from the County Recorder of Deeds. Confirm that your parent held sole ownership.
  • Search for any subsequent recorded transfers, liens or mortgages that may affect title.

2. Locate Estate Planning Documents

  • Check for a Last Will and Testament. In Delaware, a will must be admitted to probate under 12 Del. C. §§ 3901–3911.
  • Look for a revocable living trust. If the deed was transferred into a trust, the trustee distributes property according to trust terms.
  • Search for a beneficiary deed or transfer-on-death deed, if one exists.

3. Open Probate or Heirship Proceedings

  • If there’s a will, file it with the Register of Wills in the county where the property lies. The court issues Letters Testamentary to the executor.
  • If there’s no will, file a petition for administration under Delaware’s intestacy statutes: 12 Del. C. §§ 901–912. The court issues Letters of Administration to an heir or other qualified person.

4. Transfer Title to Heirs or Devisees

  • Once you have Letters Testamentary or Administration, prepare and sign a new deed transferring the property to the beneficiaries named in the will or, under intestacy law, to the heirs at law.
  • Record the new deed with the County Recorder of Deeds to complete the transfer.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.

Helpful Hints

  • Obtain certified copies of the death certificate early in the process.
  • Consider ordering a professional title search to uncover hidden liens or transfers.
  • Keep organized copies of all estate planning and probate documents.
  • File for probate promptly to minimize complications and storage fees.
  • If family members dispute ownership, explore mediation before engaging in litigation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.