Disclaimer

This is educational information only and not legal advice. I am not a lawyer. For help that applies your facts to Delaware law, contact a Delaware real property attorney or the appropriate county recorder.

Detailed answer — what to do when co-owners on a joint survivorship deed die

When one or more co-owners named on a deed with survivorship rights die, title usually “vests” automatically in the surviving owner(s) under Delaware property and probate rules. But to clear public records and to transfer the deed into the survivor’s name, you generally must record paperwork at the county Recorder of Deeds. Which exact steps you need depend on:

• whether the deed expressly created a joint tenancy with right of survivorship or tenancy by the entirety,
• who died and when (one co-owner vs. all co-owners), and
• whether there is a mortgage, competing claims, or a will/probate proceeding.

Below are the common steps and the decisions you will face under Delaware practice. For statutory background, see Delaware’s statutes on real property and decedents’ estates: Title 25 (Real Property) and Title 12 (Decedents’ Estates) of the Delaware Code — https://delcode.delaware.gov/title25/ and https://delcode.delaware.gov/title12/.

1. Locate the recorded deed and read the ownership language

Get a copy of the recorded deed from the county Recorder of Deeds where the property is located. The deed language determines whether the co-owners held title as:

• joint tenants with right of survivorship (where the surviving owner(s) automatically own the whole),
• tenants in common (no automatic survivorship; deceased owner’s share passes by will/intestacy), or
• tenancy by the entirety (married couples; survivorship between spouses in many situations).

2. Obtain certified death certificates

Obtain certified copies of the death certificate(s) for the deceased co-owner(s). Recorders almost always require certified death certificates to support any affidavit or filing that changes title for reasons of death.

3. Decide whether you can use an affidavit (no probate) or need probate

Common Delaware practice:

• If the deed clearly created survivorship (e.g., “joint tenants with right of survivorship”) and at least one surviving owner remains, the surviving owner can usually show title by recording an affidavit of survivorship or similar affidavit together with certified death certificates. This updates the public record without opening probate.
• If the deed is ambiguous, the survivors are unknown, all joint owners died, or the decedent left assets that require probate, you may need probate or a court order to clear title. If the decedent’s share must pass under a will or intestacy, a personal representative may need to be appointed and a probate proceeding opened under Delaware probate law (Title 12).

4. Prepare the correct document to record

Typical documents used to clear title include:

• Affidavit of Death of Joint Tenant / Survivorship Affidavit: Signed by the surviving owner(s) or by someone with knowledge, sworn before a notary, attaching the certified death certificate(s). This tells the recorder that the survivorship took effect on death and asks the recorder to note the change.
• Corrective or Re-recorded Deed: In some cases the surviving owner(s) will execute and record a new deed (e.g., a quitclaim or corrective deed) showing the surviving owner(s) as sole owner(s). This is common when lenders, title companies, or buyers require a new deed for clear marketable title.
• Court order or probate documents: If probate is opened, you will record letters testamentary or letters of administration or a court order transferring title.

Which document to use depends on county requirements and the title company or lender involved. Contact the Recorder of Deeds in the county where the property sits for local filing rules and any required form language.

5. Record with the county Recorder of Deeds

Delaware records property by county (New Castle, Kent, Sussex). Take or mail the affidavit, new deed, certified death certificate(s), and required filing fee to the Recorder of Deeds for the county where the property is located. The Recorder will accept and index the document to update the chain of title.

6. After recording — update related records

• Send a copy of the recorded affidavit or deed to the county tax assessor so future tax bills go to the correct owner(s).
• Notify the mortgage holder if there is an outstanding mortgage — the loan remains in place even if title passes by survivorship unless the lender accepts a payoff or modification.
• Contact the title insurance company if you have an existing policy to update the insured owner and confirm coverage.

7. When probate or a court order is needed

Probate is usually needed when:

• the deed does not clearly create survivorship;
• all co-owners died and title must pass to heirs or devisees; or
• there are competing claims, mortgages, or disputes over ownership.

Delaware’s probate and administration rules are in Title 12 of the Delaware Code: https://delcode.delaware.gov/title12/.

8. Consider using a title company or Delaware real estate attorney

Because errors in chain of title can prevent sale or refinancing later, many survivors hire a title company to issue a reissue or continuation of title insurance after recording, or hire an attorney to prepare and record the necessary affidavit or corrective deed. An attorney can also advise whether probate is required in your specific situation.

Helpful hints — practical checklist for Delaware property survivors

• Start by ordering a certified copy of the recorded deed from the county Recorder and certified death certificates for each deceased owner.
• Read the deed language carefully. Look for the words “with right of survivorship,” “joint tenants,” or “tenancy by the entirety.”
• Call the county Recorder of Deeds where the property is located and ask what form they accept for an affidavit of death or corrective deed; each county may have slightly different requirements.
• If you plan to sell or refinance soon, get a title company involved early so they can confirm what paperwork they need for marketable title.
• If the deed is ambiguous, or if all owners have died, consult a Delaware probate attorney quickly — dealing with estate administration sooner avoids delays later.
• Keep copies of everything you record and send recorded documents to the county tax office and any mortgage servicer.
• Expect to pay a recording fee; some counties also charge transfer taxes or other administrative fees. Confirm the fee schedule with the Recorder’s office.
• If you are unsure whether the surviving owner’s name should be changed on the tax bill or mortgage, don’t record a corrective deed until you have clear guidance—an incorrect recording can complicate title insurance claims.

Where to get Delaware local information

Delaware Code (titles often relevant to property and estates):

• Real property and conveyances: https://delcode.delaware.gov/title25/
• Decedents’ estates and probate: https://delcode.delaware.gov/title12/

Contact the Recorder of Deeds in the county where the property sits (New Castle, Kent, Sussex) for local recording requirements and fees.