Delaware HB 147: AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO A LODGING TAX.

Bill Text

Engrossment 

 SPONSOR: 

 Rep. Harris & Sen. Lockman 

 Reps. K. Johnson, Lambert, Osienski, Ross Levin, Heffernan, Snyder-Hall, Romer, Wilson-Anton, Gorman; Sens. Sokola, Seigfried, Buckson, Huxtable 

 HOUSE OF REPRESENTATIVES 

 153rd GENERAL ASSEMBLY 

 HOUSE SUBSTITUTE NO. 1 

 FOR 

 HOUSE BILL NO. 147 

 AS AMENDED BY 

 HOUSE AMENDMENT NO. 1 

 AN ACT TO AMEND TITLE 12, TITLE 18, TITLE 25, AND TITLE 30 OF THE DELAWARE CODE RELATING TO THE UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT. 

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 

 Section 1. Amend Part I, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

 Chapter 2. Uniform Real Property Transfer on Death Act. 

 § 201. Short title. 

 This chapter may be cited as the Uniform Real Property Transfer on Death Act. 

 § 202. Definitions 
 . 

 For purposes of this chapter: 

 (1) “Beneficiary” means an individual that receives property under a transfer on death deed. 
 “Grantee” has a corresponding meaning. 

 (2) “Designated beneficiary” means an individual designated to receive property in a transfer on death deed. 

 (3)a. “Joint owner” means an individual who owns property concurrently with one or more other individuals with a right of survivorship. 

 b. “Joint owner” includes a joint tenant and tenant by the entirety. 

 c. “Joint owner” does not include a tenant in common. 

 (4) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. 

 (5) “Property” means an interest in real property located in this State which is transferable on the death of the owner. 

 (6) “Transfer on death deed” means a deed authorized under this chapter. 

 (7) “Transferor” means an individual who makes a transfer on death deed. 
 “Grantor” has a corresponding meaning. 

 § 203. Applicability 
 . 

 This chapter applies to a transfer on death deed made before, on, or after [the effective date of this Act] by a transferor dying on or after [the effective date of this Act]. 

 § 204. Nonexclusivity. 

 This chapter does not affect any method of transferring property otherwise permitted under the law of this State. 

 § 205. Transfer on death deed authorized. 

 An individual may transfer property to one or more beneficiaries effective at the transferor’s death by a transfer on death deed. 

 § 206. Transfer on death deed revocable. 

 A transfer on death deed is revocable even if the transfer on death deed or another instrument contains a contrary provision. 

 § 207. Transfer on death deed nontestamentary. 

 A transfer on death deed is nontestamentary. 

 § 208. Capacity of transferor. 

 The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will. 

 § 209. Requirements 
 . 

 A transfer on death deed must meet all of the following: 

 (1) Except as otherwise provided in paragraphs (2) and (3) of this section, contain the essential elements and formalities of a properly recordable inter vivos deed, including notarization of all signatures required under this section. 

 (2) Be witnessed by 2 individuals, at least 1 of whom must not be a beneficiary. 

 (3) State that the transfer to the designated beneficiary is to occur at the transferor’s death. 

 (4) Be recorded before the transferor’s death in the public records in the office of the recorder of deeds of the county where the property is located. 

 § 210. Notice, delivery, acceptance, consideration not required. 

 A transfer on death deed is effective without any of the following: 

 (1) Notice or delivery to, or acceptance by, the designated beneficiary during the transferor’s life. 

 (2) Consideration. 

 § 211. Revocation by instrument authorized; revocation by act not permitted 
 . 

 (a) Subject to subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument meets all of the following: 

 (1) Is one of the following: 

 a. A transfer on death deed that revokes the transfer on death deed or part of the transfer on death deed expressly or by inconsistency. 

 b. An instrument of revocation that expressly revokes the transfer on death deed or part of the transfer on death deed. 

 c. An inter vivos deed that expressly revokes the transfer on death deed or part of the transfer on death deed. 

 (2) Is acknowledged by the transferor after the acknowledgment of the transfer on death deed being revoked and recorded before the transferor’s death in the public records in the office of the recorder of deeds of the county where the transfer on death deed is recorded. 

 (3) Is witnessed by 2 individuals. 

 (b) If a transfer on death deed is made by more than one transf