Skip to main content

Delaware Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in Delaware.

Find Your County

Types of Probate in Delaware

Delaware has no probate court and no probate division. An estate is opened with the Register of Wills of the county where the decedent was domiciled, an officer who in performing the functions of the office acts only as a Clerk of the Court of Chancery under 12 Del. C. § 2501. Which route applies turns on what the decedent owned rather than on where you file: personal estate of $50,000 or less, where the decedent held no Delaware real estate solely or as a tenant in common, can be collected on the sworn affidavit in 12 Del. C. § 2306 with no petition and no letters, and anything else needs letters testamentary or letters of administration.

See the full comparison of Delaware probate typesWhich procedures exist, who qualifies, and how the timelines compare.

Find your county

Delaware Probate Filing Offices by County

Choose your county to get its probate court contacts, filing fees, and required forms. 3 counties have detailed data.

Want a probate attorney to handle this?

Free match with a local attorney in Delaware. No obligation.

Connect

Settled Estate is not a law firm and does not give legal advice.

Delaware Probate Self-Help and Online Resources

Delaware Estate Law Overview

Delaware Estate Tax Info

Delaware has no estate tax, no inheritance tax and no gift tax. All three were repealed, and the Code says so in its own chapter headings. What is left for a Delaware estate is a final individual income tax return, a fiduciary income tax return where the estate has income, and the federal estate tax only for estates above the federal exclusion.

No
State Estate Tax
No
Inheritance Tax
Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Rules for property distribution when someone dies without a valid will.

Delaware Homestead Protection

DELAWARE IS ONE OF THE STATES WITH NO GENERAL HOMESTEAD EXEMPTION. There is no acreage limit, no dollar cap, no declaration to record, no probate homestead and no homestead allowance for a surviving spouse. The one residence exemption Delaware has, 10 Del. C. § 4914(c)(1), operates by its own words only 'in any federal bankruptcy or state insolvency proceeding'.

Exempt Property

Delaware gives a surviving spouse ONE probate money right, the $7,500 allowance in 12 Del. C. § 2308, and it must be DEMANDED IN WRITING or it is lost. Beyond that, the code keeps three categories of household articles out of the inventory and leaves the rest to the ordinary execution exemptions in Title 10, which are creditor law rather than probate law.

Delaware Probate Questions

How much does probate cost in Delaware?
Delaware probate filing fees vary by county and type of administration. Typical costs include the court filing fee plus certified copy fees, publication notice fees where notice is required, and potential bond premiums. Use our free Delaware fee calculator for county-specific estimates.
How long does probate take in Delaware?
It depends on the route, and one clock sets the floor for every estate that needs letters. 12 Del. C. § 2102(a) bars a claim that arose before or at the death eight months after the DATE OF DEATH, whether or not the creditor notice was ever given, so there is no second window to run and no way to shorten it. Formal administration commonly runs 12 to 18 months, because the first account is due one year from the date of letters under 12 Del. C. § 2301 and the Register of Wills then mails the beneficiaries notice that it is open for exception. Ancillary administration for a nondomiciliary decedent commonly runs 6 to 12 months. The quick route is different in kind. A small estate affidavit is usually done in 1 to 2 months, because no petition is filed, no letters are granted and the Register of Wills issues the form itself.
Do I need an attorney for probate in Delaware?
Delaware requires no attorney to open or administer an estate. Court of Chancery Rule 190 assumes the opposite is common: a personal representative who is represented by a Delaware attorney, or who serves with a co-fiduciary who will appear, is excused from appearing at the Register of Wills at the grant of letters and at the filing of an accounting, and an unrepresented personal representative simply appears in person. The affidavit under 12 Del. C. § 2306 is a sworn form the Register of Wills issues, so most families complete that route without counsel. Cost is worth understanding before you decide, because Delaware sets no percentage for either the executor or the estate attorney. Court of Chancery Rule 192 allows commissions and fees in a reasonable amount, expressly refuses to call a bill unreasonable merely because it rests exclusively on hourly rates or exclusively on the value of the estate, and presumes what is charged reasonable unless a beneficiary files an exception to the account. Get advice before relying on the affidavit where the decedent owned Delaware real estate solely or as a tenant in common, because that closes the route no matter how small the personal estate is.
Are these Delaware probate resources county-specific?
No. This map shows state-level source links from Settled data. Use it with the Delaware county page and the county office handling the estate before filing.
Which Delaware source should I use first?
Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.
Does the Delaware Probate Resource Map replace attorney review?
No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.