Short answer
Often no. If the deed gave you a right of survivorship, the Kent County Register of Wills says the surviving owner can clear title by filing an Affidavit of Jointly Held Property. The deed controls, so check how title was actually held before you assume anything.
How survivorship works
The Kent County Register of Wills explains that when real estate, bank accounts or vehicles are held jointly with a right of survivorship, the surviving joint tenant receives the property when the other owner dies. The brochure says this happens regardless of contrary language in a will. If both owners die in the same catastrophic accident, the will or intestate succession laws decide instead. So a will that leaves your spouse's half of the house to someone else does not change a survivorship deed.
The affidavit that clears title
The brochure says the surviving joint tenant or spouse may clear title by filing an Affidavit of Jointly Held Property when the deed is with a right of survivorship. That is a filing with the Register of Wills, not a full estate administration. Ask the office what it needs. Expect to bring the death certificate and a copy of the deed. Then ask your title company or attorney whether they want anything else recorded before closing.
Check the deed before you celebrate
The brochure says the deed is controlling. Some couples own as tenants in common, which is different. A tenant in common holds a separate share that passes through the estate. The brochure treats a tenant-in-common interest as solely owned for purposes of when an estate must be opened. If you are unsure which kind of deed you have, pull the recorded deed and read the words that describe how title is held.
When to get help
Co-owners often split property across several deeds over the years, especially after a refinance or a remarriage. A short call with a Delaware real estate attorney can save a failed closing. This page is general information and not legal advice. If there are also solely owned assets, an estate may still need to be opened for those, even when the house itself passes by survivorship.
Selling for cash instead
After a spouse dies, many people just want the house sold without months of listing and showings. Kaizen Home Buyers is one option to compare. We pay cash, buy as-is and charge no agent commission, so you do not fix anything first. We can send an offer within 24 hours and close in 14 to 30 days or on your schedule. Call 267-329-0084.