Important Update: Delaware TOD Vehicle Titles Must Be Updated During Your Lifetime
If you've completed a Transfer-on-Death (TOD) form for your vehicle in Delaware, there's critical information you need to know: the form alone is not enough.
What's Changed?
We've recently learned that the Delaware Division of Motor Vehicles will not accept or process TOD forms after the vehicle owner's death. This represents a stricter enforcement of existing Delaware law and affects many clients who may have completed TOD forms without taking the final, crucial step.
What You Need to Do Now
If you want your vehicle to transfer to your chosen beneficiary without going through probate, you must:
- Visit the DMV during your lifetime
- Apply for a reissued title that shows your TOD beneficiary designation on the certificate itself
- Don't rely on an unfiled or unprocessed form
The TOD designation must be officially recorded on the title while you're alive. Simply having a completed form in your files will not accomplish the transfer you intended.
Why This Matters
Many of our clients have diligently completed TOD forms as part of their estate planning. However, without visiting the DMV to have the designation added to the actual certificate of title, these forms will not be honored after death. This means your vehicle could end up in probate, exactly what the TOD designation was meant to avoid.
Understanding Delaware Law
Delaware Code § 2304 specifically states that an owner "may designate a TOD beneficiary by application for a subsequent certificate of title." This language makes clear that the TOD designation must be recorded before death through the DMV's issuance of a new title.
While some DMV clerks may have historically accepted TOD forms after an owner's death in certain circumstances, this practice was never officially codified in Delaware law. Current DMV staff now enforce the requirement that TOD designations must appear on the title itself and be processed during the owner's lifetime.
Take Action Today
If you've completed a TOD form for your Delaware vehicle but haven't yet visited the DMV, we strongly encourage you to do so as soon as possible. Bring your:
- Current vehicle title
- Completed TOD form
- Valid identification
- Any required DMV fees
The DMV will reissue your title with the TOD beneficiary designation clearly shown, ensuring your wishes are properly documented and legally enforceable.
Procino-Wells & Woodland, LLC is a Delaware estate planning and elder law firm with offices in Lewes and Seaford, serving families throughout Delaware. Our experienced attorneys focus exclusively on estate planning, elder law, and estate and trust administration, including Wills, Powers of Attorney, Trusts, Medicaid planning, VA Aid & Attendance benefits, special needs planning, and asset protection from long-term care costs. With 46 combined years of experience and VA accreditation, our all-women team helps Delaware families plan for their future, protect their assets, and navigate complex elder law matters. Contact us at www.pwwlaw.com to schedule an educational consultation. Consider our virtual meetings to accommodate your schedule or save your drive time.