Skip to main content
Delaware Probate Bond Rules
Support GuideDelaware25 min read

Delaware Probate Bond Rules

Delaware requires no executor bond by default. 12 Del. C. § 1522 excepts a will that demands one and a Court of Chancery order under § 1524.

By Settled Editorial

Delaware does not make a personal representative post a bond. 12 Del. C. § 1522 says no bond shall be required before letters issue, subject to two exceptions: a will containing an express requirement of bond, and an order of the Court of Chancery under § 1524. Where a bond is required and nobody has named an amount, § 1523 hands that job to the Register of Wills.

Every rule below was read on September 10, 2026 in Title 12 of the Delaware Code at delcode.delaware.gov and in the Rules of the Court of Chancery published by the Delaware Judiciary. The bond subchapter runs from 12 Del. C. § 1521 through § 1528, and the newest amendment anywhere in it is 71 Del. Laws, c. 353, from 1998, so none of this is recent law that a later session could have moved under you. Read this page beside the rest of the appointment and how letters are granted. It is general information about Delaware law rather than advice about one estate.

Delaware Reverses the Usual Direction

Most probate codes require a bond and let the will waive it. Delaware requires no bond and lets the will demand one. Knowing which way your state runs changes what you look for when you open the document.

12 Del. C. § 1521 carries the catchline Requirement, and the sentence under it is conditional on its face:

Prior to receiving letters, a personal representative shall qualify by filing with the Register of Wills any required bond.

Any required bond. The next section answers whether one is required at all:

No bond shall be required of a personal representative prior to receiving letters, except: (1) When an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond; or (2) When bond is required by order of the Court of Chancery under § 1524 of this title. A bond otherwise required by any will may be dispensed with upon determination by the Court of Chancery that it is not necessary or desirable.

Three points sit in that text and each one surprises somebody.

Silence in the will means no bond. A Delaware will that says nothing about bond leaves the § 1522 default running, so the executor qualifies without one. No waiver clause is needed, and the absence of a waiver clause is not a problem to solve.

An express bond clause is still not the last word. The closing sentence lets the Court of Chancery dispense with a bond the will required, on a determination that it is not necessary or desirable. Where a testator wrote a bond clause decades ago and every beneficiary now agrees the executor is trustworthy, that sentence is the route to raise.

The term personal representative is defined, and it does not reach a guardian. 12 Del. C. § 101(6) makes personal representative include an executor, an administrator, a successor administrator and an administrator with the will annexed, plus persons who perform substantially the same function under the law governing their status. A guardian sits elsewhere in the code and posts under a different section, which the later part of this page covers.

Need help with your probate case?

Answer a few questions to see whether Delaware probate is required and which process applies.

Take the 2-minute assessment

Which Bond Belongs to Which Route

More than one bond can appear in a Delaware estate file. The caption on each one tells you whose obligation it is.

RouteIs a bond requiredWhat sets the amountStatute
Grant of letters, will silent on bondNoNothing to post12 Del. C. § 1522
Will expressly requires a bondYes, unless Chancery dispenses with itThe will, else the Register of Wills12 Del. C. §§ 1522, 1523
Court of Chancery orders bond on demandYesThe order, else the Register of Wills12 Del. C. §§ 1523, 1524
Sale of estate land under an order of saleYes, a separate bond in the Court of ChanceryA penal sum the Court determines12 Del. C. § 2713
Legacy paid where assets may fall shortThe person taking the legacy posts, not youPenalty double the legacy or share12 Del. C. § 2312(b)
Affidavit route, personal estate up to $50,000NoNo letters, so nothing to post12 Del. C. § 2306
Guardian of the property of a person with a disabilityYes, unless the Court waives itA penal sum the Court fixes12 Del. C. § 3905

How the Register of Wills Sets the Number

When a bond is required and neither the will nor the order fixes an amount, 12 Del. C. § 1523 gives the arithmetic to the Register of Wills.

The floor is the personal estate. The amount shall not be less than the best estimate that can be made of the decedent's personal estate. That is a narrower base than many readers expect. Delaware real property does not enter the measure at all, so an estate whose value sits mostly in a house carries a much smaller bond than the family assumes. What counts as personal property here is drawn by 12 Del. C. § 1901, which lists the personal property constituting assets of the estate along with its exceptions, and the same figures feed the inventory you file three months after letters.

Corporate surety is one option and secured individuals are the other. The personal representative executes and files with the Register a bond with surety, or other suitable security in an amount not less than the bond. The Register then determines that the bond is duly executed by a corporate surety, or by one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real estate or other adequate security. An unsecured promise from a relative does not satisfy that sentence.

The Court of Chancery can move the number in either direction. On the petition of the personal representative or other interested persons, the Court may excuse a requirement of bond, increase or reduce the amount, release sureties, or permit the substitution of another bond with the same or different sureties. When it raises or lowers the amount the Court shall take into account, inter alia, whether the will excuses the requirement of bond.

A second route to the same question runs through § 1526. If an interested person objects to the amount of the bond under § 1523 or to the condition of the bond under § 1525, that person may petition the Court of Chancery, and the Court shall fix the amount and condition.

Advertisement

A Beneficiary or Creditor Can Force the Issue

Most searches that reach this page ask the beneficiary's version of the question rather than the executor's. 12 Del. C. § 1524 is the answer, and it prices admission.

Any person apparently having an interest in the estate worth more than $2,000, or any creditor holding a claim over $2,000, may make a written demand that the personal representative give bond. The demand is filed with the Court of Chancery, and a copy is mailed to the personal representative if appointment and qualification have already happened. The Court orders a bond upon finding that one is necessary or desirable.

Two features of that section matter more than the filing mechanics.

The requirement can lapse without anybody going back to court. It ceases without an order if the person demanding bond stops being interested in the estate, or if bond is excused as provided in § 1524 or § 1523. A demand filed by a creditor whose claim is later paid does not keep running on its own momentum.

The powers of office freeze in the meantime. After bond has been ordered, and until the bond is filed or the requirement ceases, the personal representative shall refrain from exercising any powers of office except as necessary to preserve the estate. Then the deadline: failure to give suitable bond within 10 days from notice is cause for removal and the appointment of a successor. A creditor weighing whether to file the demand should read that beside the claim deadlines in the Delaware creditor rules, because a frozen executor is paying nobody.

What Delaware Writes Into the Bond Itself

12 Del. C. § 1525 supplies the terms, so the same five conditions attach to any bond required by the subchapter.

  1. The State is the obligee and the beneficiaries take the benefit. Bonds name the State as obligee for the benefit of the persons interested in the estate, including without limitation the legatees, devisees and other beneficiaries, conditioned on the faithful discharge by the fiduciary of all duties according to law.
  2. Sureties are jointly and severally liable with the personal representative and with each other, unless the approved bond provides otherwise. The address of the sureties has to be stated in the bond.
  3. Signing the bond submits the surety to the Court of Chancery. By executing an approved bond, the surety consents to the Court's jurisdiction in any proceeding about the personal representative's fiduciary duties that names the surety as a party. Notice goes to the surety at the address listed with the Register of Wills where the bond is filed.
  4. A successor or any interested person can start the proceeding, and the surety itself may initiate one in the Court for breach of the obligation of the bond.
  5. One recovery does not exhaust the bond. It is not void after the first recovery and may be proceeded against from time to time until the whole penalty is exhausted.

Subsection (b) draws the outer edge. No action or proceeding may be commenced against the surety on any matter as to which an action against the primary obligor is barred by adjudication or limitation. The surety inherits the executor's defenses, so a claim already time-barred against the estate does not get a second life against the bonding company.

12 Del. C. § 1527 adds a liability that sits outside the general condition. The bond of a personal representative shall be liable for all money received for taxes of this State or the United States, and for any penalty assessed against the personal representative for failing to file a State or federal tax return within the period prescribed by law.

Two Court Rules Govern the Paperwork

The Delaware Code says who posts and how much. The Rules of the Court of Chancery say what the instrument looks like and who may stand behind it.

Rule 89, Bonds of Fiduciaries. Each bond filed in the Court of Chancery after December 1, 1969 shall be in the form and manner prescribed by the Court, and submitted to the Register in Chancery or filed electronically. Watch the office name. The Register in Chancery is the clerk of the Court of Chancery, and it is not the Register of Wills, which is the county probate office where § 1523 files a personal representative's bond. Delaware uses both titles and they are two different counters.

Rule 172, Sureties. Each surety company shall, in the month of January each year, file with the Register in Chancery in every county where it does business a power of attorney authorizing the execution of bonds by the attorney in fact named in it, before the Court will accept or approve that company as surety. Rule 172(b) then closes a door: no attorney, or other officer of the Court, shall be taken as surety in any case pending in the Court. Your probate lawyer cannot sign as your surety.

Advertisement

What a Delaware Bond Costs

Delaware publishes no premium rate in its statutes or its court rules. The Court or the Register sets the penal sum and the surety company prices the risk against it, so any percentage quoted online is an industry figure rather than a Delaware rule. Ask two or three sureties to quote the same penal sum and compare the answers.

The office fees around a bond are county fees rather than state ones. 12 Del. C. § 2510 says the governing body of each county shall determine the fees charged by that county's Register of Wills, and § 2511 requires every Register to keep a printed or written list of the fees then in effect available for public inspection. Read on September 10, 2026, all three published schedules carry a bond reduction line at $1.00, which New Castle and Kent print as a flat charge and Sussex prints per page. That is the office's charge for handling the filing and has nothing to do with a premium. Kent County bands its charge for granting letters by the size of the estate, starting at $25.00, which is a separate line from anything on this page. The county directory sits at the Delaware Register of Wills offices.

Bonds in the File That Are Not the Executor's

Reading the caption before assuming an obligation is yours saves a call to a surety agent.

  • The order of sale bond. Before executing an order to sell estate land to pay debts, 12 Del. C. § 2713 has the executor or administrator enter into bond to the State in the Court of Chancery, with one or more sufficient sureties approved by the Court, in a penal sum the Court determines. It is conditioned on accounting truly for the sale money, applying the balance to the outstanding debts in their legal priority, paying any surplus according to law, and performing the duty with fidelity. This is a second bond, not an increase of the first. Under § 2714, where a successor administrator returns a sale made by a predecessor, the purchase money is not paid and the sale is not approved until the successor gives a § 2713 bond, and the Court may then discharge the earlier one.
  • The refunding obligation on a legacy. 12 Del. C. § 2312(b) lets a personal representative who knows of an outstanding or potential demand refuse to pay a legacy or distributive share unless the person entitled becomes bound, with sufficient security, in a penalty double the value of the legacy or share, conditioned on refunding if the assets turn out short. Subsection (d) allows security to be required for a legacy paid before the first year from the appointment runs, even where no claim is known. The person taking the money posts that one.
  • The guardian's bond. 12 Del. C. § 3905 has every person appointed guardian become bound, with surety, to the person with a disability in a penal sum the Court fixes, unless the Court dispenses with bond or surety. Where bond is not dispensed with, no certificate of guardianship issues from the Register in Chancery until a bond conforming to the order of court is given and added to the guardianship docket. Under § 3906 the Court orders further security where the bond proves insufficient and removes a guardian who does not comply. Planning questions on that side belong with Delaware guardianship.
  • The Register's own bond. 12 Del. C. § 2505 makes the official bond of every Register of Wills cover the faithful performance of all duties imposed on the Register by law. That instrument protects the public from the office and has nothing to do with your appointment.
  • The testamentary trustee's bond. Where a personal representative petitions under 12 Del. C. § 1551 for the appointment of a trustee to hold a life-income fund, the Court appoints one and that trustee gives bond as the Court may order and direct.

One section reaches across all of these. 12 Del. C. § 3907 lets a surety who proves it is in danger of loss petition the Court of Chancery, and the Court shall then order the executor, administrator or guardian to give the surety sufficient counter security. Neglecting that order is grounds for removal and for an order handing the estate to a successor or a receiver.

Ending the Bond and Ending the Appointment

A Delaware bond follows the office, so it ends when the office does or when the Court says so.

  • Release or substitution. 12 Del. C. § 1523 lets the Court of Chancery release sureties or permit the substitution of another bond with the same or different sureties, on the petition of the personal representative or another interested person.
  • Voluntary discharge. 12 Del. C. § 1547 lets an executor or administrator petition the Court of Chancery to be discharged from the office. Where the Court finds the discharge will benefit the parties interested, it may grant the discharge and revoke the letters on such terms and conditions as it deems necessary for the security of the estate. Notice goes to interested parties by citation served inside Delaware and by whatever publication the Court directs for anyone outside it.
  • Removal for neglect. 12 Del. C. § 1541(a) lets the Court of Chancery remove an executor or administrator who neglects official duties.
  • Liability that outlives the estate. § 1525(a)(5) keeps the bond open until the whole penalty is exhausted, and § 1525(b) bars an action against the surety once the same matter is barred against the personal representative. Nothing in the subchapter discharges the surety automatically at the final account, so ask the Court for an order that names the release, and keep the accounts on the schedule in the Delaware probate timeline.

If a Delaware Court Orders You to Post One

Work through this in order.

  1. Read the will for an express bond clause before assuming you need anything. § 1522 is a default in your favor, and silence keeps it running.
  2. If the will demands a bond, ask whether the Court will dispense with it. The last sentence of § 1522 exists for that petition, and § 1523 tells the Court to weigh whether the will excuses bond when it sets an amount.
  3. Build the estimate the way § 1523 builds it. The best estimate of the decedent's personal estate, not the whole estate. Delaware land stays out of it.
  4. Stop acting the moment a bond is ordered. § 1524 limits you to what preserves the estate until the bond is on file. Signing a listing agreement or moving an account during that window is not preserving anything.
  5. Watch the 10 days. § 1524 makes failure to give suitable bond within 10 days from notice cause for removal, and no second notice is written into the sentence.
  6. Use a corporate surety, or secure an individual one properly. § 1523 requires a pledge of personal property, a mortgage on real estate or other adequate security behind an individual surety, and Rule 172(b) rules out your own lawyer.
  7. Petition to cut the amount as the estate shrinks. § 1523 and § 1526 both reach the number, and all three county Registers charge $1.00 to file a bond reduction.

Common Questions

Does a Delaware executor have to post a bond?

Usually no. 12 Del. C. § 1522 says no bond shall be required of a personal representative prior to receiving letters, with two exceptions. The first is a will containing an express requirement of bond. The second is an order of the Court of Chancery under § 1524. Delaware runs the opposite way from most probate codes, where the statute demands a bond and the will waives it. Here the statute waives it, the will can demand it, and the same section then lets the Court of Chancery dispense with a bond the will required, on a determination that it is not necessary or desirable.

How much is a Delaware probate bond?

It depends on who set the number. If the will or the court order names an amount, that is the amount. If neither does, 12 Del. C. § 1523 has the Register of Wills fix it at not less than the best estimate that can be made of the decedent's personal estate. Read the word personal. Delaware measures the bond against the personal estate, so a Delaware house does not enter the calculation the way it would in a state that bonds the whole estate. The Court of Chancery can then increase or reduce the amount on the petition of the personal representative or any other interested person.

Can a beneficiary make a Delaware executor post a bond?

Yes, and Delaware sets a dollar floor on who may ask. Under 12 Del. C. § 1524, any person apparently having an interest in the estate worth more than $2,000, or any creditor holding a claim over $2,000, may file a written demand for bond with the Court of Chancery and mail a copy to the personal representative. The Court orders a bond on finding that one is necessary or desirable. The requirement then lapses without a further order if the person who demanded it stops being interested in the estate, or if the bond is excused under § 1524 or § 1523.

What happens if a Delaware executor does not post an ordered bond?

Two things, and the first starts immediately. Under 12 Del. C. § 1524, from the moment bond is ordered until the bond is filed or the requirement ceases, the personal representative shall refrain from exercising any powers of office except as necessary to preserve the estate. Then the clock runs. Failure to meet the requirement by giving suitable bond within 10 days from notice is cause for removal and the appointment of a successor personal representative.

Who does a Delaware probate bond protect?

The State holds the paper and the beneficiaries hold the benefit. 12 Del. C. § 1525(a)(1) requires the bond to name the State as obligee for the benefit of the persons interested in the estate, including the legatees, devisees and other beneficiaries, conditioned on the faithful discharge by the fiduciary of all duties according to law. Sureties are jointly and severally liable with the personal representative and with each other unless the approved bond says otherwise, and § 1525(a)(5) says the bond is not void after the first recovery and may be proceeded against until the whole penalty is exhausted.

Does the Delaware small estate affidavit need a bond?

No, because nobody is appointed. 12 Del. C. § 2306 moves the decedent's personal estate to a qualifying relative or other listed person without awaiting the appointment of a personal representative, where the personal estate outside § 1901(b) and (c) and outside jointly owned property does not exceed $50,000, at least 30 days have passed since the death, and the decedent owned no Delaware real estate solely or as a tenant in common. No letters issue, so § 1521 has nothing to attach to. The full conditions sit in the small estate affidavit guide.

Can a Delaware bond be reduced after it is ordered?

Yes. 12 Del. C. § 1523 lets the Court of Chancery, on the petition of the personal representative or other interested persons, excuse a requirement of bond, increase or reduce the amount, release sureties or permit the substitution of another bond with the same or different sureties. The same sentence tells the Court what to weigh when it moves the number, naming among other things whether the will excuses the requirement of bond. A separate route runs through § 1526, where an interested person who objects to the amount or the condition petitions the Court and the Court fixes both.

Sources:

It is not legal advice.

Information current as of September 10, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Delaware can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.