Delaware Probate Cost: No Statewide Fee, and Three Schedules That Differ
Settled Estate lists court filing fees and timelines for 5 Delaware probate procedures. Last verified September 2026.
Delaware is one of the states where the county, not the legislature, sets the price. 12 Del. C. § 2510 gives the governing body of each county the power to determine the fees its Register of Wills charges, so the same estate costs different amounts in New Castle, Kent and Sussex.
The single most useful thing to know about Delaware probate cost is that there is no statewide figure to look up. 12 Del. C. § 2510 provides that the governing body of each county determines the fees charged by the Register of Wills of that county, and § 2511 requires each Register to keep the current list posted for public inspection. Any Delaware probate fee quoted without naming a county is quoting one office and calling it three.
The differences are real rather than rounding. Granting letters starts at $25 in all three counties, but New Castle brackets that first band at under $50,000 while Kent brackets it at $1.00 to $29,999.00. The closing charge diverges more: New Castle and Kent charge 1.75% of the net personal estate, and Sussex charges 1.25% of net for adjusting, setting and certifying accounts. On a $600,000 personal estate that half-point is $3,000.
One source to avoid entirely: the Delaware judiciary publishes a fee index, and it carries no Register of Wills entry at all. The schedule there is issued under Court of Chancery Rule 3(e) and assigns its charges to the Register IN Chancery, the clerk of the Court of Chancery, which is a different office from the Register OF Wills. A probate fee taken from it is the wrong office's fee.
Quick Summary
- What Delaware charges to open an estate
- No statewide fee12 Del. C. § 2510 gives each county's governing body the power to set its own Register of Wills schedule
- Where the letters fee starts
- $25In all three counties, but on three different first bands
- Closing charge on the net personal estate
- 1.25% to 1.75%1.25% of net in Sussex, 1.75% in New Castle and Kent, plus a 0.25% technology cost in New Castle
- Small estate affidavit
- $5 to $1012 Del. C. § 2306, never filed with a court, ceiling of $50,000 on the personal estate
- Executor and attorney fees
- No scheduleA reasonable amount under Court of Chancery Rule 192. Delaware publishes no percentage
Every figure on this page belongs to a named county. Do not average the three schedules and do not carry a figure from one office to another. Where the decedent owned real estate in more than one county, some filings are duplicated: 12 Del. C. § 2309 requires a certified death certificate to be filed with the Register of Wills for the county where the interest in real property is situated, and 12 Del. C. § 1905 requires a copy of the inventory to go to the Register of any county where the decedent owned real estate.
Typical Total Cost Ranges
Estimate your county’s exact feesProbate Cost by Procedure
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| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Small Estate Affidavit (12 Del. C. § 2306) | Personal estate of $50,000 or less, no Delaware real estate owned solely or as a tenant in common | No court fee. The county charges for the affidavit itself: $10 New Castle, $5.00 in person or $10.00 by mail Kent, $5.00 plus $2.00 per page Sussex | 30-day wait after the death, then 1 to 2 months | No | A personal-property estate under the ceiling with no Delaware real estate in the decedent's own name |
| Grant of letters, New Castle County | Bracketed on the value of personal property | Under $50,000 is $25; $50,000 to $99,999.99 is $50; $100,000 to $499,999.99 is $75; $500,000 to $999,999.99 is $100; then $100 more per further band, and $100 for each additional $500,000 increment above the top band | 12 to 18 months | No statewide requirement | Estates opened in the county where most of Delaware's population lives |
| Grant of letters, Kent County | Bracketed on the value of the estate as the county schedule states it | $1.00 to $29,999.00 is $25.00; $30,000.00 to $99,999.99 is $50.00; $100,000.00 to $499,999.00 is $75.00; each additional $500,000 increment is $100.00 | 12 to 18 months | No statewide requirement | Estates in the central county, whose schedule is the only one of the three carrying a printed revision date |
| Grant of letters, Sussex County | Bracketed on the value of the estate as the county schedule states it | $0 to $29,999 is $25; $30,000 to $99,999 is $50; $100,000 to $499,999 is $75; $500,000 to $999,999 is $100; each further $500,000 is $100 | 12 to 18 months | No statewide requirement | Estates in the beach county, where an out-of-state decedent's Delaware property most often sits |
| Letters of ancillary administration (12 Del. C. § 1504(b)) | No threshold; used where the decedent was domiciled outside Delaware | The same county letters schedule as a domiciliary grant. The Register for any county may grant them, and the first grant excludes the others | 6 to 12 months | No statewide requirement | An out-of-state estate that owns Delaware real estate |
Additional Costs to Expect
Petition for authority to act
Charged when the petition for letters is filed. All three offices charge a Court of Chancery Rule 190 petition fee per personal representative, which is why naming three executors costs more than naming one.
Inventory
12 Del. C. § 1905 requires the inventory within 3 months of the grant of letters, with a copy filed with the Register of any county where the decedent owned real estate. Filing late costs $1.00 a day out of the representative's own pocket under § 1906, starting a month after the Register gives notice of the delinquency.
Closing charge on the accounts
The largest single Delaware probate cost on a substantial estate, and the one that differs most between offices. New Castle adds a technology cost of 0.25% of the net personal estate on top. Kent's schedule states that its charge is on the net personal estate not including real estate unless the real estate is directed to be sold.
Recording and indexing of accounts
Charged when the account is recorded and indexed, separately from the closing charge measured on the estate.
Short certificates
The certificate that proves the letters are in force, and the document banks and transfer agents actually ask to see. Order several at once, because most institutions keep the copy you give them.
Tax affidavits at closing
The affidavit that no Delaware estate tax return is required. Delaware repealed its estate tax for deaths after December 31, 2017, its inheritance tax effective January 1, 1999 and its gift tax, so this filing closes the file rather than computing a tax.
Filing a certified death certificate
12 Del. C. § 2309 requires a certified copy to be filed with the Register of Wills for the county where the decedent held an interest in real property. Where property sits in more than one county, this is charged more than once.
Surviving spouse's allowance filing
The 12 Del. C. § 2308 demand for up to $7,500. Small against a claim that ranks first in the § 2105 order, and the fee is never a reason to let the § 2308(b) deadline run.
Newspaper publication of the creditor notice
12 Del. C. § 2101 requires the notice to be advertised in one or more newspapers approved by the Register of Wills and published in the county, at least 3 times within 40 days of the grant of letters and not less than once a week for 3 successive weeks. The Register may waive newspaper publication and allow posting alone where the gross personal estate does not exceed $30,000 and the gross real and personal estate does not exceed $35,000 in the aggregate.
Late-filing penalty
Kent charges its own late fee on the schedule. The statutory penalty in 12 Del. C. § 1906(a) is separate and personal to the representative. Filing accounts late carries a third exposure: 12 Del. C. § 2305 lets the Court of Chancery reduce commissions and attorneys' fees.
Estate closing letter
A New Castle charge with no equivalent line on the Kent or Sussex schedules. Kent and Sussex publish estate closing checklists instead.
Executor commissions and attorney fees
Delaware publishes no percentage for either. Rule 192(a) allows commissions of personal representatives and the fees of their attorneys in a reasonable amount, Rule 192(b) lists the factors and expressly declines to call a bill unreasonable merely because it rests only on hourly rates or only on the value of the estate, and Rule 192(d) presumes what is charged reasonable unless a beneficiary files an exception to the account under 12 Del. C. § 2302.
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The Delaware Medicaid estate recovery guide explains when that applies.