Why Probate Mistakes Get Expensive FastHow one missed step compounds into extra court work, cost, and liability
This Delaware pitfall list covers 15 common estate-settlement mistakes, including 6 high-risk and 8 medium-risk items. Start with the high-risk items before moving money, filing a petition, or relying on a shortcut procedure.
Common consequences include An estate opened late has far less protected time than the representative expects, Distributions made on a miscounted clock can leave the representative personally exposed to a claim presented inside the real window, Waiting for a non-existent second window delays closing and the beneficiaries' money. That is why the page links each pitfall to practical avoidance steps and source context.
Mistake CategoriesHow the mistakes above group by risk type, with item counts
Legal Deadline
Statutory deadlines that close a route or a right when they pass 3 items on this page relate to this category.
Fiduciary Duty
Duties, compensation and personal exposure of the personal representative 3 items on this page relate to this category.
Process Choice
Choosing the wrong estate procedure, office or document 4 items on this page relate to this category.
Property Rights
Nonprobate transfers, titling, allowances and inheritance rights 4 items on this page relate to this category.
Costs And Fees
Register of Wills fees, recording charges and cost surprises 1 item on this page relate to this category.
What to Check Before You Move Estate PropertyThree quick checks: the probate path, the filing packet, and open tasks
Frequently Asked Questions
What are common probate mistakes in Delaware?
High-risk examples for Delaware include Assuming the Creditor Clock Starts When You Publish Notice, Using the $50,000 Affidavit When the Decedent Owned Delaware Real Estate, Letting the $7,500 Spousal Allowance Lapse By Not Demanding It in Writing. Other common mistakes include using the wrong procedure, missing notices or deadlines, distributing assets too early, and failing to document communication with heirs or beneficiaries.
Why do Delaware probate cases get delayed?
Delays often come from incomplete forms, missing death certificates, unclear deeds, slow creditor notice, disputes among heirs, or county-specific filing issues that were not checked ahead of time.
How can I reduce executor mistakes in Delaware?
Start with a clear asset list, confirm whether probate is required, use the right probate forms, track deadlines, preserve receipts and communications, and avoid transferring property until you understand the estate's obligations.
Statute and Agency SourcesOfficial references used for this page
- 12 Del. C. § 202, Requisites and execution of will, read in full 2026-09-10. Subsection (b): any will not complying with subsection (a) shall be VOID.
- 12 Del. C. § 203, Witnesses; persons competent. (b) a will or any provision thereof is not invalid because the will is signed by an interested person. Delaware purges nothing.
- 12 Del. C. § 210, wilfully adding to, altering, defacing, concealing, destroying or stealing a will is a class E felony. Distinct from the § 1301 production duty, which is civil only, and the two must never be merged.
- 12 Del. C. § 502, share of the surviving spouse: the $50,000 of intestate personal estate, half the balance of the personal estate, and a LIFE ESTATE in the intestate real estate. Figures last touched by 60 Del. Laws, c. 199, § 6, and not indexed.
- 12 Del. C. § 1301, Production of will; liability. Ten days, to the Register of Wills for the county in which THE PERSON HOLDING THE WILL resides. Civil liability and civil contempt; no crime.
- 12 Del. C. § 1306, choice of law as to execution and proving of wills: valid if executed under § 202, or under the law of the place of execution, or of the place where the testator was domiciled, had a place of abode or was a national.
- 12 Del. C. § 1308, caveat against the allowance of an instrument as a will, received by the Court of Chancery at any time prior to the entry of an order of probate.
- 12 Del. C. § 1313, restricted access to a decedent's safe deposit box to retrieve the will before a personal representative is appointed.
- 12 Del. C. § 1505, persons entitled to letters of administration, including the (b)(1) class ladder, the (b)(3) written agreement, the (c) petition to the Court of Chancery, the (d) 60-day rule and the (e) right of any interested person to petition.
- 12 Del. C. § 1506, irrevocable power of attorney by a nondomiciliary executor or administrator, filed BEFORE the issuance of the letters.
- 12 Del. C. § 1562, payment of debt and delivery of property to a domiciliary foreign personal representative without local administration.
- 12 Del. C. § 1905, inventory and appraisal within 3 months of the grant of letters, copied to the Register of any county where the decedent owned real estate, describing each Delaware parcel by parcel identification number.
- 12 Del. C. § 1906, read in full 2026-09-10. THE CATCHLINE SAYS 'civil and criminal penalties' AND THE BODY NAMES NO CRIME: (a) $1.00 per day personally, not applying until 1 month after notice by the Register of the delinquency; (b) contempt of the Court of Chancery after an order. History: 64 Del. Laws, c. 252, § 4.
- 12 Del. C. § 1901(b): the family Bible, the clothes of the decedent and the family stores laid in before the death are kept out of the inventory. Awarded to nobody, exempt from nothing, no value stated.
- 12 Del. C. § 2101, notice to creditors, posted within 40 days of the grant of letters, advertised at least 3 times within those 40 days and not less than once a week for 3 successive weeks, with the Register's power to waive newspaper publication for a small estate.
- 12 Del. C. § 2102, claims arising before or at the death are barred 8 months after the DEATH, whether or not the § 2101 notice was given.
- 12 Del. C. § 2103, debts of which notice is presumed: recorded mortgages and judgments that were liens on Delaware real estate at the date of death, which sit outside the § 2102 bar.
- 12 Del. C. § 2105, the twelve-class order of preference, beginning with the § 2308 spousal allowance and ending with 'other demands'. (b) no preference within a class, and a due claim takes no preference over one not due.
- 12 Del. C. § 2106, petition to the Court of Chancery to determine the order of preference where the representative cannot decide between competing demands.
- 12 Del. C. § 2301, annual accounts to the Court of Chancery from the date of letters, with the Register's power to extend by up to 6 months and to dispense with an account for a year with no transactions.
- 12 Del. C. § 2302, notice of the filing of the account, open for inspection and exception for 3 months from the mailing of the notice.
- 12 Del. C. § 2305, the Court of Chancery may reduce commissions and attorneys' fees where the chapter 23 accounts are not filed within the required time.
- 12 Del. C. § 2306, the $50,000 affidavit route, with the (a)(6) disqualifier for Delaware real estate owned solely or as a tenant in common.
- 12 Del. C. § 2308, the surviving spouse's allowance of up to $7,500, of no effect unless demanded in writing to both the Register of Wills and the personal representative within the shorter of 9 months from the death or 6 months from the grant of letters.
- 12 Del. C. § 2510, the governing body of each county determines the fees charged by the Register of Wills of that county. There is no statewide Delaware probate filing fee.
- 12 Del. C. § 2511, each Register of Wills keeps the current fee list posted for public inspection.
- 12 Del. C. § 5004, control of digital accounts and digital assets by a fiduciary. (b) an end-user-licence provision limiting fiduciary access is void as against the strong public policy of this State unless separately assented to. (c) a choice-of-law clause is unenforceable to the extent it would enforce such a limit.
- 12 Del. C. § 5005, recovery of digital assets from a custodian: same access as the account holder, the § 5005(c) request contents, the 60-day compliance period, and the expedited 30-day track for a parent or legal guardian of a deceased minor added by 85 Del. Laws, c. 222.
- 12 Del. C. § 5006, custodian immunity, and § 5006(e), which exposes a custodian that refuses a compliant request to a compliance order and to liability for damages including reasonable attorneys' fees and costs.
- 10 Del. C. § 4901, lands, tenements and hereditaments and all right of dower and curtesy may be seized and sold upon judgment and execution when no sufficient personal estate can be found. The opposite of a homestead exemption.
- 10 Del. C. § 4914, the only Delaware residence exemption, reaching only a federal bankruptcy or state insolvency proceeding by its own opening words. $200,000 of principal-residence equity since 84 Del. Laws, c. 329 (approved August 2, 2024). Not a homestead allowance and not applicable to a decedent's estate.
- 6 Del. C. § 12A-103, Scope. (b)(1) the Uniform Electronic Transactions Act does not apply to a transaction to the extent it is governed by a law governing the creation and execution of wills or codicils.
- 29 Del. C. § 4320, notarial act performed for a remotely located individual. Reaches the notarial act only, and does not relax the § 202(a)(2) requirement that the witnesses attest and subscribe in the testator's presence.
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.