Kent County approves flat recording fee for transfer‑on‑death deeds
October 29, 2025 | Kent County, Delaware
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Recorder of Deeds Eugenia Thornton told commissioners the state law authorizing TOD deeds becomes effective Dec. 4, 2025, and the county has already recorded 40 TOD documents since the bill passed in June. Thornton said the typical TOD filing runs four pages and would be covered by an $88 fee, but some deeds include long legal descriptions that can push the recording tally and increase charges. To reduce customer confusion and staff time spent reformatting documents, Thornton proposed a flat charge of $88 for the first five pages and $10 for each page thereafter.
Thornton said the flat structure is supported in writing by the prime sponsor of the state bill and by Senator Eric Buxton, and that Director of Finance Susan Durham reviewed the proposal. No members of the public spoke in favor or opposition during the hearing.
Commissioner Sweeney moved to approve the ordinance; Commissioner Pepper seconded. The motion passed on a roll‑call vote of seven ayes and zero nays.
The ordinance also removes a corporation fee no longer collected by the Recorder's Office and adds an appointment fee among administrative cleanups described in the packet. The county clerk will enter the ordinance into the record and the Recorder's Office will update its published fee schedule and customer guidance ahead of the state law taking effect.
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