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.
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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.
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Browse Delaware guide topics
Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.
Browse Delaware guide topics
Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.
Forms & Court
3Taxes & Deadlines
8Planning Documents
6Property Transfer
2Delaware Probate Self-Help and Online Resources
Delaware probate resource map by source type
All Delaware self-help resources (17 links)Official court, form, law-library, referral, and legal-education links, plus how to use each source
Delaware probate source navigation starts with state court, form, agency, legal-help, or referral links that are already tracked in Settled state data. These links are state-level starting points, not county-specific filing instructions.
Which Delaware probate source should you use?
- Start with the state court, form, or self-help source for general Delaware probate context.
- Use county filing-office, clerk, register, or court pages for local filing locations, local forms, fee schedules, and records portals.
- Use legal-help, law-library, or referral links as research or referral paths, not as a substitute for counsel.
- Verify current filing steps with the county office, court, clerk, register, legal-aid source, or counsel before filing.
Statewide process, forms, and code sources
State court, form, statute, agency, and self-help sources for general probate and estate-settlement questions.
- Delaware Courts Online Self-Help Center
The Delaware judiciary's own self-help pages, and the first stop for a family that wants the court system's plain-language explanation before deciding whether to hire someone. It links the fee schedules, the forms libraries, interpreter services and the hours and locations of every Delaware court.
- Delaware Code Online, Title 12, Decedents' Estates and Fiduciary Relations
The statewide statute text behind almost everything on these pages: wills, probate, letters, inventories, accounts, creditor claims, intestate succession, guardianship and trusts. Each section prints its own amendment chain inline, so you can see when a rule was last changed without leaving the page.
- 12 Del. C. § 2306, distribution without grant of letters
The section behind the Delaware small-estate affidavit, including the $50,000 ceiling and the words that set what the affidavit measures against what it can actually transfer. The ceiling was raised from $30,000 on June 10, 2026, and most published Delaware guidance has not caught up.
- 12 Del. C. § 2308, surviving spouse's allowance
The only cash allowance in the Delaware estates code: up to $7,500 to a surviving spouse. Subsection (b) is the part that catches people out, because the allowance has no effect unless a written demand reaches both the Register of Wills and the personal representative within 9 months of the death or 6 months of the grant of letters, whichever period is shorter.
- Delaware Court of Chancery
The court with oversight of Delaware decedents' estates and adult guardianships. Its site lists the three Registers of Wills offices with their addresses and phone numbers, which is the practical reason to start here rather than at a search engine.
- Fees and Filings for the Delaware State Courts
The judiciary's own fee index. Read it for what it does NOT contain: there is no Register of Wills schedule here, because Delaware sets those fees locally under 12 Del. C. § 2510 rather than statewide. A probate fee quoted from this page would be the wrong office's fee.
- Rules of the Court of Chancery of the State of Delaware
The rulebook that governs Delaware estate administration in practice. Rule 190 excuses a represented personal representative from appearing in person, and Rule 192 is the whole of Delaware's compensation law: commissions and fees in a reasonable amount, presumed reasonable unless a beneficiary files an exception to the account.
- Delaware Court of Chancery, adult guardianship overview
How guardianship of an adult with a disability works in Delaware, written by the court that hears it. This is the route for a person who can no longer manage their own affairs and signed no power of attorney while they could. The petition packets, the supporting affidavits and the court's Handbook for Guardians of Adults with Disabilities are all linked from here.
- Delaware Family Court, guardianship of a child
Guardianship of a MINOR is heard in Family Court, not in the Court of Chancery, so a family arranging care for a child after a death starts here. The site publishes the instruction packet and explains the administrative fee waiver.
- Delaware Office of Vital Statistics
How to order a certified death certificate in Delaware, including who is eligible to request one, what proof of identity is required, and the application form itself (death24.pdf) linked from the page. Certified copies are the first document most banks, insurers and title offices ask for after a death, so order several at once: most institutions will not return the copy you send them.
- Delaware DMV, transferring a Delaware vehicle title
What the Division of Motor Vehicles requires to move a Delaware title, including a transfer after the owner's death. The vehicle is often the one asset a family can move without any court paperwork at all.
- Delaware DMV Form MV2025, Transfer on Death Application
The form that names a beneficiary on a Delaware vehicle title while the owner is alive, so the vehicle passes on death without becoming part of the estate. Filing it in advance is the cheapest estate planning most Delaware households will ever do.
- 16 DE Admin. Code 20500, Estate Recovery and Liens
The published regulation governing when Delaware may seek repayment of certain long-term-care medical assistance from a deceased person's estate. This is the rule most families have never heard of until a claim arrives.
Referral-navigation sources
Referral paths for finding certified lawyer-referral services when a family wants help locating counsel.
- Community Legal Aid Society, Inc. (CLASI)
Free civil legal services for Delawareans in need, with dedicated units for people with low incomes, people with disabilities, people age 60 and older, and victims of crime. Start at the home page and use its intake path to check whether you qualify.
- Legal Services Corporation of Delaware, Inc. (LSCD)
A civil legal aid provider offering advice and assistance to low-income Delaware families, with an emphasis on the rights that keep a household stable. Its site also publishes self-help forms and sample letters for people handling a matter without representation.
- Delaware Volunteer Legal Services (DVLS)
Free legal help for Delawareans who cannot pay, delivered pro bono through volunteer advocates rather than staff attorneys. Adult guardianship is one of the matters it takes, which is the estate-adjacent proceeding families most often need help with.
- Delaware State Bar Association, Public Resources
The association's page for members of the public, routing to its own lawyer-referral system, to the free-representation providers, and to the Delaware attorney lookup. The page states plainly that the association itself gives no advice, so treat it as a routing map rather than an answer.
Settled pairs these Delaware source links with county pages, forms, first-step guides, transfer guides, and source notes so families can move from statewide context to the local office that handles the estate.
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.
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.





