Delaware Probate Timeline

A full administration in the State of Delaware usually runs 12 to 18 months, measured from the grant of letters to an approved final account. One period sets the floor under every estimate, and it starts at the death rather than at any filing. 12 Del. C. § 2102(a) bars every claim that arose before or at the death 8 months after the death.

Delaware has no probate court. The Delaware Judiciary lists six courts and no probate court among them: the Supreme Court, the Court of Chancery, the Superior Court, the Family Court, the Court of Common Pleas and the Justice of the Peace Court. A will is proved before the Register of Wills of the county where the decedent was domiciled at death (12 Del. C. § 1302(a)), and that officer, in performing the functions of the office, acts only as a Clerk of the Court of Chancery (12 Del. C. § 2501). Three counties hold the whole state: New Castle, Kent and Sussex. Nobody may act as executor or administrator of a Delaware domiciliary's estate without letters testamentary or of administration (12 Del. C. § 1501). This page describes how Delaware law reads, rather than how it applies to one estate, so confirm your own dates with the Register of Wills holding the file or with a licensed Delaware attorney.

Here is the structural point that most published Delaware timelines miss. The claim period does not attach to a filing, a hearing or a publication. Section 2102(a) bars pre-death claims 8 months after the death "whether or not the notice referred to in § 2101 of this title has been given." Opening the estate on day 3 does not shorten the wait, and opening it on day 90 does not lengthen it. Waiting spends the creditor period instead of moving it.

Three Routes, Three Durations

Delaware runs a short list. The administration chapters of Title 12, read end to end, carry no simplified administration, no summary administration and no informal administration, so a Delaware estate is either a full administration on letters, an ancillary administration for a decedent domiciled somewhere else, or the affidavit that skips administration entirely. A middle route you read about on a general probate site is a rule from some other state's code, and reaching for it here costs weeks of asking the wrong office for the wrong form.

The Eight Months That Start at the Death

12 Del. C. § 2102(a) reaches all claims against a decedent's estate that arose before or at the death, including claims of the State and any subdivision of it, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort or other legal basis. Unless presented under § 2104 within 8 months of the death, they are barred against the estate, against the personal representative, and against the heirs and devisees. The only carve-out inside the subsection is for debts of which notice is presumed under § 2103, which are the mortgages and the judgments that would be liens against real estate at the date of death and that are of record in the county where letters were granted.

Three shorter clocks sit beside that one and answer different questions. A claim arising after the death is barred 6 months after performance by the personal representative is due, where the claim rests on a contract with the representative, and 6 months after it arises in every other case (§ 2102(b)). A claim that the executor or administrator rejects in writing is barred forever unless suit is commenced within 3 months of that written rejection, delivered in person or mailed to the claimant's last known address, and the representative may consent to an extension or the Court of Chancery may order one, though never past the applicable statute of limitations (§ 2102(c)). No claim for a deficiency on a bond secured by a mortgage on real estate may be presented after 8 months from the death, and the failure to present it does not stop the mortgage from being foreclosed later (§ 2102(e)).

The notice most people expect to start the clock does something else. Under 12 Del. C. § 2101, the Register of Wills gives notice of the granting of letters, stating the date letters were granted, the date of death, and the name and address of the personal representative and of counsel. That notice is posted within 40 days from the grant of letters on the designated county website, in the county courthouse, or both, and it is published in one or more newspapers approved by the Register at least 3 times within the same period, no less than once a week for 3 successive weeks. The Register may skip newspaper publication and post only 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. Read the notice as an announcement, because the eight-month bar from the death runs whether or not it ever went out.

The First Ten Days, and the Sixty That Follow

One duty lands before any estate exists. Whoever has custody or possession of a document purporting to be a last will and testament delivers it to the Register of Wills for the county in which that custodian resides, within 10 days from the time the custodian receives information of the death (12 Del. C. § 1301(a)). Wilful failure carries liability to any aggrieved person for the damages sustained, and wilful failure after a Court of Chancery order to deliver is punished as civil contempt (§ 1301(b)).

Opening the estate itself is quick by design. Proof of a will may be taken without notice to interested persons, unless one of them petitions the Court of Chancery for notice, in which case the Court appoints a time for taking the proof and issues subpoenas (12 Del. C. § 1303). Delaware also requires no bond from a personal representative before letters issue, except where the will expressly requires one or the Court orders one on demand of an interested party (12 Del. C. §§ 1521, 1522). Those two rules are why a Delaware estate can be open in days while the closing calendar still runs more than a year.

Where there is no will, 12 Del. C. § 1505(b)(1) grants letters to the first class with a living member who is not under an incapacity: spouse, then children, then parents, then siblings of the whole and half blood. Section 1505(d) is the dated part. If no petition for administration is filed within 60 days from the date of death, the Register of Wills may grant letters to whomever the Register determines. Letters go to nobody who is a minor, mentally incapacitated, or convicted of a crime that disqualifies them from taking an oath (§ 1508), and a nondomiciliary executor or administrator files an irrevocable power of attorney naming the Register as agent for service before letters issue (§ 1506).

Three Months for the Inventory, and a Dollar a Day for Missing It

Every executor or administrator files an inventory and appraisal with the Register of Wills within 3 months after the granting of letters, plus a copy with the Register of any county where the decedent owned real estate (12 Del. C. § 1905(a)). It lists the goods and chattels, the debts and credits due to the decedent, and a general description of every Delaware parcel the decedent died seized of or that passed by a transfer on death deed under Chapter 2 of Title 25, each parcel identified by its parcel identification number. Every item is separately valued at fair market value as of the date of death, and each representative swears to it (§ 1905(b), (c)).

Missing that date is one of the few Delaware defaults that costs the representative personally. A representative who does not file within the 3 months is subject, personally and individually, to a penalty of $1.00 per day for each day delinquent, which does not begin until one month after the Register notifies them of the delinquency (12 Del. C. § 1906(a)). Failure to file after a Court of Chancery order is contempt (§ 1906(b)), and where several representatives serve, the Court removes any who refuse to join in the inventory unless they file one of their own (§ 1907).

A second three-month clock runs from the death rather than from letters and catches families who never open an estate at all. Where real property passes to someone by joint ownership with right of survivorship or by tenancy by the entireties, the personal representative or the surviving joint tenant files an affidavit within 3 months after the death with the Register of Wills of the county where the property is located, describing the real estate and naming the surviving owner (12 Del. C. § 1905(e)). Those dates belong with the duties behind each deadline, and they all hang off two anchors rather than one.

The Spouse Has Two Clocks and They Expire on Different Days

The $7,500 surviving spouse's allowance is cash out of the estate, and it ranks first in the order of preference of claims (12 Del. C. §§ 2308(a), 2105(a)(1)). It is of no effect unless the spouse notifies the Register of Wills of the county where letters were granted, and the executor or administrator, in writing, demanding that a specific sum be set aside, within 9 months from the date of death or 6 months from the grant of letters, whichever is the shorter period (§ 2308(b)). Where letters issue in the first month, the six-month date arrives first.

The elective share is a separate right on a separate calendar. A surviving spouse of a married person domiciled in Delaware may take one third of the elective estate, less all transfers to the surviving spouse by the decedent (12 Del. C. § 901(a)). Claiming it means filing a petition in the Court of Chancery and mailing or delivering it to the personal representative within 6 months after the grant of letters, and the Court may extend the time only on a petition made before the election period has expired (§ 906(a)). The spouse then gives at least 10 days' notice by certified mail to interested persons and to the recipients whose interests the election will reduce (§ 906(b)). Both rights are covered on what a Delaware surviving spouse can claim.

Accounting Is What Actually Ends a Delaware Estate

12 Del. C. § 2301(a) requires an account of the administration to the Court of Chancery, in money, every year from the date of the letters until the estate is closed and a final account is passed. The Register may extend the time for accounting for sufficient cause by no more than 6 months, and may dispense with an account entirely on the representative's affidavit that there were no transactions in that year, with an appeal from that decision to the Court (§ 2301(c)). Where an estate sits inactive for 2 consecutive years, the Register may forward it to the Court of Chancery for whatever the Court decides, including closing it or issuing a rule to show cause (§ 2301(e)).

Every account carries a statement of the names and mailing addresses of each beneficiary entitled to share in the distribution (§ 2302(a)). On filing, the Register mails each of them written notice that the account is open for inspection and exception for 3 months from the mailing (§ 2302(b)). A beneficiary who has not waived may file written exceptions with the Register inside that window; exceptions filed after it are not considered, and where none are filed the account is approved, subject to the Court's power to disallow items under § 2301(d) (§ 2302(d)). That three-month review is also the window for questioning a commission or an attorney fee, because 12 Del. C. § 2305(a) sets no percentage and allows commissions and fees "as provided by rule of the Court of Chancery," and § 2305(c) lets the Court reduce both where the required accounts came in late. What the annual account has to show covers the filing itself.

Section 2302(c) is the one lever a family has over that period. Any beneficiary entitled to share in the distribution may waive the notice in writing, and the waiver carries consent that the Court approve the account. The Register mails nothing to a beneficiary who has waived, so where every beneficiary signs, the three months that would otherwise run from a mailing never start.

Two more sections frame the outside. 12 Del. C. § 2311 gives an executor or administrator 1 year from the date of letters for settling the estate, except where circumstances justify longer, and until that year runs the representative need not distribute and is not chargeable with interest on assets in hand, though they must account for interest or produce actually earned. Legacies are payable 1 year from the first appointment of a personal representative, and pecuniary legacies carry interest at 4 percent per year from 13 months after that appointment until payment, unless the will says otherwise (§ 2312(a), (c)).

Add the pieces and the floor appears. Letters usually issue within the first weeks. Claims stay open until month 8 counted from the death. The final account goes in after that, the Register mails notice, and the account sits for 3 months. Eleven to twelve months is the earliest realistic close for an estate where nothing goes wrong, and the 12 to 18 month band is what happens when a tax return, a sale, an exception or a slow bank moves one of those steps.

The Affidavit Route Skips All of It, and Seven Conditions Guard the Door

12 Del. C. § 2306 lets a defined list of people take the decedent's personal estate for distribution without any grant of letters, on a sworn affidavit. The list runs to the spouse, a grandparent of the decedent, a lineal descendant of a grandparent, the personal representative of any of those who has died, the guardian or trustee of any of those who is incapacitated, the trustee of a trust the decedent created, a Delaware-licensed funeral director, and the executor named in the will where that person is not disqualified under § 1508. Preference goes first to the named executor, then the spouse, child, parent, sibling, grandchild or grandparent, then the funeral director, and there is no order among the rest (§ 2306(b)).

All seven conditions in § 2306(a) must be true at once. No petition for the appointment of a personal representative is pending or has been granted. Thirty days have elapsed since the death. The value of the personal estate, other than the property described in § 1901(b) and (c) and other than jointly owned property, does not exceed $50,000. All known debts are paid or provided for. The surviving spouse's allowance under § 2308 has been paid, provided for, waived, or has expired by lapse of time. The decedent did not own real estate in Delaware, either solely or as tenants in common. And the affidavit is furnished to whoever owes the money or holds the property. The person who pays or transfers on that affidavit is released to the same extent as if they had paid the personal representative, and the distributees remain answerable to anyone with a prior right (§ 2307).

Read the real estate condition as a disqualifier rather than a measurement rule. Delaware does not subtract the house from the total and let the rest qualify. Any Delaware real estate held solely or as tenants in common closes the route at any value, which is why a modest estate with a small parcel still takes the 12 to 18 month path. The $50,000 figure is also new: 85 Del. Laws, c. 281, approved June 10, 2026, raised it from $30,000. The New Castle County Register of Wills publishes the change as a date-of-death band, and the Kent County Register of Wills FAQ still listed the $30,000 limit when it was read on September 10, 2026, so ask the office in the county of domicile which figure it applies before you assume the longer route. The Delaware small estate affidavit walks the whole form.

What Pushes a Delaware Estate Past Eighteen Months

1. A challenge to the will. A caveat against allowing an instrument as a will is received by the Court of Chancery at any time before the order of probate, and the Court then appoints a hearing and awards citations (12 Del. C. § 1308). After the order, an interested person who did not voluntarily appear at the taking of the proof and was not served under § 1303 has 6 months from the entry of the order of probate to petition for review, which proceeds like a caveat and can end with the will rejected and the letters revoked (§ 1309(a)). Both routes are set out at the six-month review window.
2. An elective share petition. Once one is filed, 12 Del. C. § 902(c) makes the personal representative prepare a federal Form 706 for the estate whether or not the form has to be filed, and give the spouse a copy by the latest of three dates: the 706 due date as extended, 15 months from the death where no 706 or equivalent form has to be filed, or 3 months after the elective share petition was timely filed.
3. Real estate that has to be sold to pay debts. A Delaware personal representative has no right of possession of the decedent's real estate (12 Del. C. § 1902(b)). Where the personal estate is not sufficient to pay the debts, the representative petitions the Court of Chancery of the county where the land sits for an order of sale, on at least 10 days' written notice to the interested parties and to the tenants in possession (§ 2701).
4. Exceptions to an account. A single timely exception under § 2302(d) sends the account to the Court instead of letting it be approved on the papers.
5. A late inventory. The $1.00 per day penalty under § 1906(a) is the smaller cost. Section 2305(c) lets the Court of Chancery reduce commissions and attorneys' fees where the accounts the chapter requires were not filed on time.
6. Tax filings, with no Delaware death tax behind them. Delaware repealed its estate tax at 30 Del. C. ch. 15 by 81 Del. Laws, c. 52, § 1, effective January 1, 2018, and repealed its inheritance tax at 30 Del. C. ch. 13 by 71 Del. Laws, c. 353, § 10, effective January 1, 1999. What remains is the affidavit approved by the Director of Revenue that goes to the Register of Wills of each county where the decedent owned real property when no Chapter 15 return is required (12 Del. C. § 2304(b)), and a Delaware income tax return for the estate, due on the thirtieth day of the fourth month following the end of the estate's taxable year (30 Del. C. § 1605(b)(3)). Read that due date carefully, because Delaware sets its own and it is worth checking against the federal one rather than assuming they match.

Where the Clock Runs Out for Good

Delaware puts two hard walls at the far end. Under 12 Del. C. § 2109, if no letters have been granted on an estate within 10 years from the date of death, all claims of creditors and of persons otherwise beneficially interested are barred, other than claims evidenced by a mortgage or a judgment, which stay under the law that governs mortgages and judgments. And the 8-month bar in § 2102(a) needs no estate to operate, so where nobody opens one, unsecured claims that were never presented die on the eight-month anniversary of the death. A creditor can still preserve a claim in that situation, because § 2104(1) lets a claimant file a written statement of claim with the Register of Wills, in the form the Court of Chancery prescribes, whether or not a personal representative has been appointed.

One dated protection runs the other way and is worth knowing before any money moves. Where a personal representative pays a claim of lower preference after 3 months from the grant of letters, and before a claim of higher preference has been presented under § 2104, that payment is allowed (12 Del. C. § 2107). The order of preference itself is in § 2105. Administration expenses, fees and commissions come off the top, and the twelve classes of claims below them start with the surviving spouse's allowance and funeral expenses. Waiting out those first 3 months is the cheapest protection a Delaware representative can buy.

If the death is recent, work through first steps after a death in Delaware before the ten-day will duty and the sixty-day appointment priority go by, then read the Delaware probate process and find the Register of Wills for your county.

Frequently Asked Questions

How long does probate take in Delaware?

A full administration in the State of Delaware usually runs 12 to 18 months from the grant of letters to an approved final account. The floor is set by two periods that cannot be compressed. Claims that arose before or at the death are barred 8 months after the death under 12 Del. C. § 2102(a), and once the final account is filed the Register of Wills mails notice to the beneficiaries and the account stays open for exception for 3 months (12 Del. C. § 2302(b)). The small estate affidavit route under 12 Del. C. § 2306 takes 1 to 2 months, and ancillary administration for a decedent domiciled elsewhere runs 6 to 12 months.

When are creditors cut off in a Delaware estate?

Eight months after the date of death. 12 Del. C. § 2102(a) bars every claim that arose before or at the death unless it is presented under § 2104 within 8 months of the death, and it says so 'whether or not the notice referred to in § 2101 of this title has been given.' Delaware has no publication-triggered claim window, so the notice the Register of Wills posts within 40 days of the grant of letters does not start or restart the clock. Claims that arise after the death run on a separate 6-month clock under § 2102(b), and a creditor whose claim is rejected in writing has 3 months to sue under § 2102(c).

Is there a deadline to open probate in Delaware?

Delaware sets no filing deadline, and waiting still costs the family something. Under 12 Del. C. § 1505(d), if no petition for administration is filed within 60 days from the date of death, the Register of Wills may grant letters to whomever the Register decides, rather than following the statutory order of spouse, children, parents, then siblings. The 8-month creditor bar runs from the death regardless, so delay spends the claim period instead of extending it. 12 Del. C. § 2109 is the outer wall: where no letters are granted within 10 years of the death, creditor claims and beneficial interests are barred, other than those evidenced by a mortgage or a judgment.

How long do I have to file a will in Delaware?

Ten days, and it is a delivery duty rather than a probate deadline. 12 Del. C. § 1301(a) requires anyone holding an instrument that purports to be a last will and testament to produce and deliver it to the Register of Wills for the county in which that person resides, within 10 days from the time the person receives information of the testator's death. A person who wilfully fails to deliver a will is liable to any person aggrieved for the damages sustained, and wilful failure after a Court of Chancery order to deliver is punishable as civil contempt (§ 1301(b)). Delivering the will does not open an estate; a petition for letters does that.

What is the fastest way to settle a small estate in Delaware?

The affidavit under 12 Del. C. § 2306, which opens no estate and takes 1 to 2 months. Seven conditions must all be true, and two of them govern the calendar. Thirty days must have elapsed since the death, and the decedent must not have owned Delaware real estate solely or as tenants in common. That second one is a disqualifier rather than a measurement rule: any Delaware real estate closes the route at any value. The personal estate, leaving out the property described in § 1901(b) and (c) and leaving out jointly owned property, must not exceed $50,000, a figure raised from $30,000 by 85 Del. Laws, c. 281, approved June 10, 2026.

What actually ends a Delaware administration?

An approved final account. 12 Del. C. § 2301(a) requires an account every year from the date of letters until the estate is closed and a final account is passed by the Court of Chancery. When an account is filed, the Register of Wills mails notice to each beneficiary and the account stays open for inspection and exception for 3 months (§ 2302(b)). Exceptions filed after that period are not considered, and where none are filed the account is approved (§ 2302(d)). A beneficiary may waive that notice in writing and consent that the Court approve the account (§ 2302(c)), which is the one lever a cooperative family has over the closing calendar.

Related Guides

• Delaware Probate Guide
• Delaware Creditor Claims
• Delaware Executor Duties
• Delaware Probate Accounting
• Delaware Will Contests
• Delaware Small Estate Affidavit
• Delaware Surviving Spouse Rights
• First Steps After a Death in Delaware
• Delaware Register of Wills Offices by County

Sources:

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• Title: 12 Del. C. § 906, Proceeding for elective share; time limit. Publisher: Delaware General Assembly, Delaware Code Online. Publication Date: Not listed, accessed 2026-09-10. URL: https://delcode.delaware.gov/title12/c009/index.html#906
• Title: 30 Del. C. ch. 13, Inheritance [Repealed] (repealed by 71 Del. Laws, c. 353, § 10, effective Jan. 1, 1999). Publisher: Delaware General Assembly, Delaware Code Online. Publication Date: Not listed, accessed 2026-09-10. URL: https://delcode.delaware.gov/title30/c013/sc01/index.html
• Title: 30 Del. C. ch. 15, Estate Tax [Repealed] (repealed by 81 Del. Laws, c. 52, § 1, effective Jan. 1, 2018). Publisher: Delaware General Assembly, Delaware Code Online. Publication Date: Not listed, accessed 2026-09-10. URL: https://delcode.delaware.gov/title30/c015/index.html
• Title: 30 Del. C. § 1605, Returns (estates and trusts). Publisher: Delaware General Assembly, Delaware Code Online. Publication Date: Not listed, accessed 2026-09-10. URL: https://delcode.delaware.gov/title30/c016/sc01/index.html#1605
• Title: Delaware Courts (the six courts of the Delaware Judiciary). Publisher: Delaware Judiciary. Publication Date: Not listed, accessed 2026-09-10. URL: https://courts.delaware.gov/
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• Title: Wills and Estates Frequently Asked Questions, Register of Wills. Publisher: Kent County, Delaware. Publication Date: Not listed, accessed 2026-09-10. URL: https://www.kentcountyde.gov/Residents/Wills-Estates/Frequently-Asked-Questions

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