Delaware Probate Information
Quick facts
| Topic | Delaware rule |
|---|---|
| Filing office | Open an estate with the elected county Register of Wills, who acts only as a Clerk of the Court of Chancery under 12 Del. C. § 2501. |
| Court involvement | The Court of Chancery is reached only when a judicial estate matter is filed as a civil action with the Register in Chancery under Court of Chancery Rule 207. |
| County structure | Delaware has three counties: New Castle, Kent and Sussex. Each county has one Register of Wills. |
| Venue | A will is proved before the Register of Wills of the county where the testator was domiciled at the time of death, and letters of administration are granted by the Register of the county where the decedent was domiciled (12 Del. C. § 1302(a); 12 Del. C. § 1504(a)). |
| Available paths | Small estate affidavit under 12 Del. C. § 2306, full administration with a will, full administration without a will or with the will annexed, and ancillary administration under § 1504(b). |
| Small estate threshold | $50,000 or less for a decedent who died on or after June 10, 2026, and $30,000 or less for a decedent who died before June 10, 2026, under 12 Del. C. § 2306 as amended by 85 Del. Laws, c. 281. |
| Authority document | The Register of Wills grants letters testamentary under 12 Del. C. § 1502 or letters of administration under 12 Del. C. § 1504, and issues short certificates as the certified proof banks and transfer agents use. |
| Bond | No bond is required by default before letters, except when the will requires one or the Court of Chancery orders one under 12 Del. C. § 1522. |
| Will delivery | A person holding a will must deliver it within 10 days to the Register of Wills for the county where that person resides (12 Del. C. § 1301(a)). |
| Creditor deadline | Claims are barred 8 months from the decedent's death, whether or not notice was given (12 Del. C. § 2102(a)); a statement of claim may be delivered to the personal representative or filed with the Register of Wills under § 2104(1). |
| Inventory | The inventory and appraisal is due within 3 months after letters and must include Delaware parcel identification numbers for real estate (12 Del. C. § 1905). |
| Accountings | The personal representative accounts every year from the date of letters until the estate is closed and a final account is passed by the Court of Chancery (12 Del. C. § 2301(a)); exceptions to an account are due within 3 months of the Register's mailing under § 2302(d). |
| Fees | There is no statewide fee schedule. Each county's governing body sets Register of Wills fees under 12 Del. C. § 2510, and every full administration has a county percentage closing cost on the net personal estate. |
| Taxes | Delaware has no current estate tax for estates of decedents dying after December 31, 2017, and no inheritance tax for decedents dying on or after January 1, 1999, but the no Delaware estate tax affidavit under 12 Del. C. § 2304(b) and tax clearance under Court of Chancery Rule 195(b) still matter. |
| E-filing | There is no e-filing for Delaware probate through a Register of Wills. |
| Case search | No Delaware Judiciary case search indexes probate. CourtConnect covers Superior Court, the Court of Common Pleas and the Justice of the Peace Court; two county Registers of Wills run their own searches. |
Before you begin — know the assets and liabilities
Before choosing a Delaware path, identify the assets and liabilities. The small estate affidavit under 12 Del. C. § 2306 turns on the value of the decedent's solely owned personal estate, while the inventory and appraisal under 12 Del. C. § 1905 requires item-by-item date-of-death values within 3 months after letters. Estate settlement starts with knowing what exists.
Sunset searches across 2,300 institutions to help families find accounts, policies and debts before they choose a Delaware route, prepare filings or decide whether a county Register of Wills appointment is enough. That asset map makes estate settlement faster and reduces the risk of missing a deadline.
Which court handles probate
Delaware probate is organized county by county. New Castle, Kent and Sussex each have one elected Register of Wills, and that office is where a routine estate is opened. The Court of Chancery sits separately in each county, but a decedent's estate reaches it only when a matter requires judicial action under Court of Chancery Rule 207.
Venue is based on domicile. A Delaware will is proved before the Register of Wills of the county in which the testator was domiciled at the time of death, and letters of administration are granted by the Register of the county in which the decedent was domiciled (12 Del. C. § 1302(a); 12 Del. C. § 1504(a)). For a nondomiciliary decedent, the will may be proved before the Register of any Delaware county where the decedent had property, and ancillary letters may be granted by the Register for any county, with the first lawful grant excluding the others (§ 1302(a); § 1504(b)).
Real estate can create filings in a second county even when the estate is opened elsewhere. Under 12 Del. C. § 1905(a), a copy of the inventory and appraisal goes to the Register of Wills in any county where the decedent owned real estate. The no Delaware estate tax affidavit under 12 Del. C. § 2304(b), the certified death certificate filing under § 2309 and any notice affecting Delaware real estate under § 1905(d) also follow the county where the property is located.
The probate process
- Identify the Delaware county where the decedent was domiciled at death. That is the county where the will is proved and where letters of administration are granted under 12 Del. C. § 1302(a) and 12 Del. C. § 1504(a).
- If you are holding the original will, deliver it within 10 days to the Register of Wills for the county where you reside under 12 Del. C. § 1301(a). The will is then proved before the Register of Wills of the county where the testator was domiciled at death under § 1302(a).
- Total the decedent's solely owned personal property. Exclude jointly owned property and beneficiary-designated insurance or employee benefits described in 12 Del. C. § 1901(b) and (c), and check whether the decedent owned Delaware real estate solely or as a tenant in common.
- If the estate qualifies, wait until 30 days after the death and ask the county Register of Wills for a small estate affidavit under 12 Del. C. § 2306. The limit is $50,000 or less for a death on or after June 10, 2026, and $30,000 or less for a death before June 10, 2026.
- If the estate does not qualify for the small estate affidavit, contact the county Register of Wills to prove the will, if there is one, and open a full administration.
- The Register of Wills admits the will to probate when required, grants letters testamentary under 12 Del. C. § 1502 or letters of administration under 12 Del. C. § 1504, the personal representative takes an oath under § 1509, and the Register issues short certificates.
- The Register posts and publishes notice of the grant of letters within 40 days, with newspaper publication at least 3 times and not less than once a week for 3 successive weeks unless the posting-only rule applies (12 Del. C. § 2101(b)).
- File the inventory and appraisal within 3 months after letters, and file a copy with the Register of Wills in any other Delaware county where the decedent owned real estate (12 Del. C. § 1905(a)).
- If real property passed by joint ownership with right of survivorship or by tenancy by the entireties, file the jointly held real property affidavit within 3 months after death and file the no Delaware estate tax affidavit where required (12 Del. C. § 1905(e); 12 Del. C. § 2304(b)).
- Handle claims. A creditor claim arising before or at death is barred 8 months from the decedent's death, whether or not the Register's notice was given, under 12 Del. C. § 2102(a). A statement of claim is presented as described in § 2104(1).
- File an accounting every year from the date of letters until the estate is closed (12 Del. C. § 2301(a)). Beneficiaries have 3 months after the Register's mailing to file exceptions under § 2302(d).
- Before the final accounting, wait for the Division of Revenue tax clearance to be filed with the Register of Wills as required by Court of Chancery Rule 195(b) and 12 Del. C. § 2304.
- Pay the county closing cost set under 12 Del. C. § 2510, then distribute after the final account is approved.
Types of probate
| Path | When it applies | What it involves | Authority |
|---|---|---|---|
| Small estate affidavit | The decedent owned no Delaware real estate solely or as tenants in common, 30 days have passed since the death, all known debts are paid or provided for, no petition for a personal representative is pending or granted, the surviving spouse's allowance has been handled, and the qualifying personal estate is $50,000 or less for a death on or after June 10, 2026 or $30,000 or less for a death before June 10, 2026. | A sworn affidavit issued by the Register of Wills under 12 Del. C. § 2306, not a court petition. No personal representative is appointed and no will is probated, but the person taking the property must distribute under the will or under Chapter 5 if there is no will. | 12 Del. C. § 2306, as amended by 85 Del. Laws, c. 281 |
| Full administration with a will | There is a will and a qualified executor who accepts. | The will is proved before the Register of Wills of the county of domicile, letters testamentary are granted under 12 Del. C. § 1502, the executor takes an oath under § 1509, short certificates are issued, notice is posted and published under § 2101, an inventory and appraisal is filed under § 1905, claims run under § 2102, accountings are filed under § 2301, and the final account waits for tax clearance under 12 Del. C. § 2304 and Court of Chancery Rule 195(b). | 12 Del. C. §§ 1302, 1502, 1509, 1522, 2101, 1905, 2102, 2301; Court of Chancery Rule 195(b) |
| Full administration without a will, or with the will annexed | There is no will, or there is a will but no named executor is able, willing or qualified. | The same administration machinery applies, but the entry point is letters of administration or letters of administration with the will annexed under 12 Del. C. § 1504. Priority among relatives is set by § 1505, and disqualified persons are listed in § 1508. | 12 Del. C. §§ 1504, 1505, 1508 |
| Ancillary administration | The decedent was domiciled outside Delaware but left Delaware property. | Letters of ancillary administration may be granted by the Register of Wills for any Delaware county. The first lawful grant extends to all Delaware property and excludes every other county. | 12 Del. C. § 1504(b); 12 Del. C. § 1302(a); 12 Del. C. § 1307 |
Executor duties
Executor duties in Delaware
In Delaware, the executor or administrator is the personal representative. Core duties include delivering any will as required by 12 Del. C. § 1301, petitioning the proper Register of Wills, proving the will when there is one, taking the oath under § 1509, collecting short certificates, gathering assets, paying claims in the proper order and accounting to the Court of Chancery through the Register.
| Duty | Delaware rule | Authority |
|---|---|---|
| Deliver the will | A person holding a will must deliver it within 10 days to the Register of Wills for the county where that person resides. | 12 Del. C. § 1301(a) |
| Qualify for letters | The Register of Wills grants letters testamentary when there is a will and letters of administration when there is not, and the personal representative takes an oath. | 12 Del. C. §§ 1502, 1504, 1509 |
| Check bond | No bond is required by default unless the will requires one or the Court of Chancery orders one. | 12 Del. C. § 1522 |
| Inventory assets | File the inventory and appraisal within 3 months after letters, including Delaware parcel identification numbers and date-of-death fair market values. | 12 Del. C. § 1905 |
| Handle real property filings | File any required survivorship real property affidavit, certified death certificate filing and no Delaware estate tax affidavit in the county where the property is located. | 12 Del. C. §§ 1905(e), 2304(b), 2309 |
| Handle claims | Watch the 8 months from death bar and pay claims in the statutory order of preference, with the surviving spouse allowance under 12 Del. C. § 2308 first. | 12 Del. C. §§ 2102, 2105, 2308 |
| Account and close | Account every year from the date of letters, wait out the 3-month exceptions period after the Register's mailing, obtain tax clearance and pay the county closing cost set under 12 Del. C. § 2510. | 12 Del. C. §§ 2301, 2302, 2304, 2510; Court of Chancery Rule 195(b) |
Court of Chancery Rule 196 says approval of an account does not relieve the personal representative from liability for loss or injury caused by the personal representative's own act, neglect or default.
Forms and documents
Probate forms in Delaware
| Form or filing | What it is | Authority |
|---|---|---|
| Small estate affidavit | A sworn affidavit to the seven conditions of 12 Del. C. § 2306(a). The Code does not print one statewide template; each Register of Wills supplies its own version. | 12 Del. C. § 2306 |
| Affidavit that no Delaware estate tax return is required | Still required after the 2018 repeal for real-property situations described in the statute, in a form approved by the Director of Revenue. | 12 Del. C. § 2304(b) |
| Affidavit of jointly held real property | Filed within 3 months of death with the Register of Wills of the county where the property is located, when real property passes by joint ownership with right of survivorship or by tenancy by the entireties. | 12 Del. C. § 1905(e) |
| Inventory and appraisal | Lists goods, chattels, debts, credits and Delaware real estate, including parcel identification numbers, with date-of-death values. | 12 Del. C. § 1905(a), (b), (c) |
| Statement of claim | The written claim a creditor files with the Register of Wills or delivers to the personal representative; Court of Chancery Rule 191 prescribes the contents when filed with the Register. | 12 Del. C. § 2104(1); Court of Chancery Rule 191 |
| Access form for a car, burial clothing or rental unit | The Register of Wills provides the form that must be obtained before a person acts under the limited immediate-rights provision. | 12 Del. C. § 2306(c) |
| Renunciation | A written filing by a next of kin of equal priority who gives up the right to administer. | 12 Del. C. § 1505(b)(2), (b)(3) |
| Rule 190 petition and affidavit | An appearance waiver for a represented personal representative at the grant of letters or the filing of an accounting. Rule 190 requires an attorney admitted in Delaware. | Court of Chancery Rule 190 |
| Certified death certificate filing | A certified copy of the death certificate must be filed with the Register of Wills of the county where the decedent's real property is situated. | 12 Del. C. § 2309 |
Each county Register of Wills also publishes its own forms, checklists, brochures, flowcharts, glossaries and fee list. Use the New Castle, Kent or Sussex county page for county-specific forms and revision notes.
Fees
Delaware has no statewide probate filing fee and no statewide Register of Wills fee schedule. The governing body of each county sets the fees charged by that county's Register of Wills (12 Del. C. § 2510), and each Register must keep the current list available for public inspection (§ 2511). The governing bodies are New Castle County government and County Council, the Kent County Levy Court and Sussex County Council.
| Fee feature | Delaware rule | Authority |
|---|---|---|
| Opening costs | Opening costs include a petition fee, a graduated granting letters fee based on personal property value, short certificates, inventory filing, Register's Order and any required affidavits. The lowest granting letters bracket is $25 in all three counties, but New Castle's lowest bracket runs under $50,000 while Kent and Sussex use $29,999 as the top of that bracket. | 12 Del. C. § 2510; New Castle schedule retrieved September 1, 2026; Kent schedule Rev. 2.5.2026; Sussex various fees retrieved September 1, 2026 |
| Closing cost | Every full administration pays a county percentage closing cost on the net personal estate at the end of the case, not at opening. | 12 Del. C. § 2510 |
| New Castle rate | 1.75% closing cost plus a separate 0.25% technology cost, 2.00% total, published by the New Castle County Register of Wills and retrieved September 1, 2026. | 12 Del. C. § 2510 |
| Kent rate | 1.75% of the net personal estate, not including real estate unless directed to be sold, in the Kent County Register of Wills schedule Rev. 2.5.2026. | 12 Del. C. § 2510 |
| Sussex rate | 1.25% of the net personal estate, published by the Sussex County Register of Wills and retrieved September 1, 2026. | 12 Del. C. § 2510 |
Timeline
- Within 10 days after learning of the death, a person holding the will must deliver it to the Register of Wills for the county where that person resides (12 Del. C. § 1301(a)).
- Thirty days must pass after death before a small estate affidavit may be issued under 12 Del. C. § 2306(a)(2).
- If no petition for administration is filed within 60 days from the date of death, the Register of Wills may grant letters in the Register's discretion under 12 Del. C. § 1505(d).
- Within 40 days after letters, the Register posts and publishes notice of the grant of letters, with newspaper publication at least 3 times and not less than once a week for 3 successive weeks unless the posting-only rule applies (12 Del. C. § 2101(b), (d)).
- Within 3 months after letters, file the inventory and appraisal with the Register who granted letters, and file a copy with the Register of Wills of any county where the decedent owned Delaware real estate (12 Del. C. § 1905(a)).
- Within 3 months after death, file the affidavit for real property passing by survivorship or by the entireties (12 Del. C. § 1905(e)).
- Claims that arose before or at death are barred 8 months from the decedent's death, whether or not the Register's notice was given (12 Del. C. § 2102(a)).
- A surviving spouse must demand the $7,500 allowance in writing within 9 months from death or 6 months from letters, whichever is shorter (12 Del. C. § 2308(b)).
- A surviving spouse seeking an elective share must petition the Court of Chancery within 6 months after letters, unless extended on a timely petition (12 Del. C. § 901; § 906(a)).
- Accountings are due every year from the date of letters until the estate is closed and a final account is passed by the Court of Chancery (12 Del. C. § 2301(a)).
- Exceptions to an account are due within 3 months after the Register's mailing of the notice, and late exceptions are not considered by the Court (12 Del. C. § 2302(d)).
- A personal representative must respond to exceptions within 30 days after the Register's notice of exceptions under Court of Chancery Rule 197(b).
- Review of proof of will is available for 6 months after the entry of the order of probate to an interested person who did not appear and was not served or cited (12 Del. C. § 1309(a)).
- A caveat may be received by the Court of Chancery any time before the order of probate is entered (12 Del. C. § 1308(a)).
- The Court of Chancery may set aside or modify a Register's uncontested order within 30 days under 12 Del. C. § 2502(b).
- After two or more consecutive years of inactivity with no accounting filed, a dormant estate may be administratively closed by the Chief Deputy Register of Wills under Court of Chancery Rule 194(d)(2) and 12 Del. C. § 2301(e), without releasing the personal representative from liability.
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
| Consideration | Why it matters | Authority |
|---|---|---|
| Register of Wills structure | Delaware probate is not handled by a separate court. The elected county Register of Wills acts only as a Clerk of the Court of Chancery, and may decide an uncontested matter with the same effect as the Court, subject to the Court's 30-day power to set aside or modify the order. | 12 Del. C. §§ 2501, 2502(b) |
| Rule 207 court matters | Petitions for an elective share, sale of real property to pay debts, instructions, creditor priority, return of assets, admission of a copy of a will, review of proof of will, partition, caveats and removal of personal representatives go to the Court of Chancery as civil actions filed with the Register in Chancery. | Court of Chancery Rule 207; 12 Del. C. §§ 901, 1308, 1309 |
| Short certificates | After letters testamentary under 12 Del. C. § 1502 or letters of administration under 12 Del. C. § 1504 are granted, the document banks commonly need is the short certificate proving the appointment. | 12 Del. C. §§ 1502, 1504 |
| No bond by default | Delaware does not require a bond by default before letters. A bond is required only when the will requires it or the Court of Chancery orders it. | 12 Del. C. § 1522 |
| Claims run from death | The 8 months creditor bar runs from the decedent's death, not from the grant of letters or first publication, and it runs whether or not notice was given. | 12 Del. C. § 2102(a) |
| Percentage closing cost | The largest Register of Wills cost often arrives at the end: a county percentage closing cost on the net personal estate, set under 12 Del. C. § 2510. | 12 Del. C. § 2510 |
| Survivorship affidavits | Real property passing by survivorship or by the entireties triggers a jointly held real property affidavit under 12 Del. C. § 1905(e) and a no Delaware estate tax affidavit under 12 Del. C. § 2304(b). The Sussex Register explains that these filings remove the decedent's name for tax purposes only; removing the name from the deed is a separate attorney task. | 12 Del. C. §§ 1905(e), 2304(b) |
| Second-county real estate | A home or beach property in a different Delaware county can require filings there even when the estate is opened in the county of domicile. | 12 Del. C. §§ 1905(a), 1905(d), 2304(b), 2309 |
If there is no will, 12 Del. C. § 502 gives the surviving spouse the entire intestate estate when the decedent left no surviving issue and no parent. If the decedent left a parent but no issue, or left issue all of whom are also issue of the surviving spouse, the spouse receives the first $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate. If one or more surviving issue are not issue of the surviving spouse, the spouse receives one half of the intestate personal estate plus that life estate. The balance passes under 12 Del. C. § 503 to the decedent's issue per stirpes, then parents, then issue of parents, then next of kin.
A surviving spouse dissatisfied with a will may elect one third of the elective estate, less transfers from the decedent to the spouse, by filing a petition in the Court of Chancery within 6 months after the grant of letters, unless the Court extends the time on a petition made before the period expires (12 Del. C. § 901; § 906(a)). That elective share petition is a Court of Chancery Rule 207 civil action filed with the Register in Chancery.
Small-estate alternatives
Delaware's small estate route is a sworn affidavit issued by the county Register of Wills under 12 Del. C. § 2306, not a court petition. It is available only if no petition for a personal representative is pending or granted, 30 days have passed since death, all known debts are paid or provided for, the surviving spouse's allowance has been paid, provided for, waived or expired, and the decedent did not own Delaware real estate solely or as a tenant in common.
The dollar test depends on the date of death. The qualifying solely owned personal estate must be $50,000 or less for a decedent who died on or after June 10, 2026, and $30,000 or less for a decedent who died before June 10, 2026 (12 Del. C. § 2306, as amended by 85 Del. Laws, c. 281). The test is the date of death, not the date the affidavit is signed. Older county brochures still print only the $30,000 figure.
The limit counts solely owned personal property. It does not count jointly owned property, life insurance or employee benefits payable to a named beneficiary other than the estate, or the family Bible, clothes of the decedent and family stores described in 12 Del. C. § 1901(b) and (c). A home held as tenants by the entireties or as joint tenants with right of survivorship does not close the small estate route under § 2306(a)(6), because the statutory bar is real estate owned solely or as a tenant in common.
The affidavit releases the bank, transfer agent or other holder to the same extent as payment to a personal representative, and the holder need not inquire into the truth of the affidavit (12 Del. C. § 2307(a)). If the holder refuses, the property may be recovered or compelled in the Court of Chancery on proof of the facts required for the affidavit (§ 2307(b)). The will is not probated in this route, but the person taking the property must still distribute according to the will, or under Chapter 5 if there is no will. The 10-day will-delivery duty under 12 Del. C. § 1301(a) still applies.
Recent updates
| Date | Change | Authority |
|---|---|---|
| June 10, 2026 | The Delaware small estate threshold rose from $30,000 to $50,000. The affidavit route under 12 Del. C. § 2306 now reaches a solely owned personal estate of $50,000 or less for a decedent who died on or after June 10, 2026; $30,000 or less remains the limit for a decedent who died before that date. Two county Registers of Wills publish the date-of-death rule in those terms. | 85 Del. Laws, c. 281, formerly HB 333, approved June 10, 2026 |
| January 1, 2018 | The Delaware estate tax was repealed for estates of decedents dying after December 31, 2017. The affidavit that no Delaware estate tax return is required still has to be filed under 12 Del. C. § 2304(b). | 81 Del. Laws, c. 52, approved July 2, 2017 |
| January 1, 1999 | The Delaware inheritance tax was repealed with respect to decedents dying on or after January 1, 1999. One county Register of Wills still uses an affidavit name that reflects that historic tax. | 71 Del. Laws, c. 353, approved July 1, 1998 |
Page last reviewed: September 2026.
Scenarios
| Scenario | Likely Delaware path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with title. A home held as tenants by the entireties or as joint tenants with right of survivorship does not close the small estate affidavit route under 12 Del. C. § 2306(a)(6), because the bar is real estate owned solely or as a tenant in common. The surviving owner still has a 3-month jointly held real property affidavit filing under 12 Del. C. § 1905(e) and a no Delaware estate tax affidavit under 12 Del. C. § 2304(b). Whether the affidavit route works then turns on the solely owned personal estate: $50,000 or less for a death on or after June 10, 2026, and $30,000 or less before that date. The spouse may also demand up to $7,500 under 12 Del. C. § 2308. | Sunset helps find every account so the spouse can tell which side of the § 2306 line the estate falls on before choosing a route. |
| Out-of-state adult child with small estate | The estate opens where the parent was domiciled at death under 12 Del. C. § 1302(a) and § 1504(a), not where the child lives. There is no e-filing for Delaware probate through a Register of Wills. If the estate qualifies under § 2306, the small estate affidavit avoids appointing a personal representative. If it does not, Court of Chancery Rule 188(a) lets an individual personal representative appear self-represented before the Register of Wills, but only a Delaware-admitted attorney may appear for that person. | Sunset helps assemble the asset picture and probate packet from out of state so one county appointment or mailing is more complete. |
| Parent settling predeceased child's estate, home must be sold | A home the child owned solely closes the small estate affidavit route under 12 Del. C. § 2306(a)(6), so this is full administration. A parent is behind a spouse and children in the priority for letters of administration under 12 Del. C. § 1505(b)(1). Expect letters, an oath under § 1509, short certificates, notice under § 2101, an inventory and appraisal under § 1905, the 8 months claims bar under § 2102, annual accounting under § 2301, tax clearance under § 2304 and Court of Chancery Rule 195(b), and a county closing cost set under 12 Del. C. § 2510. | Sunset helps build the inventory the Register will want, find accounts and debts before sale decisions, and connect the family with a vetted attorney for the real estate work. |
Self-help resources
| Resource | What it offers | Where |
|---|---|---|
| Delaware Courts Online Self-Help Center | The site helps users find assistance and information, work better with an attorney and represent themselves in some legal matters. Its published topic menus do not include estate administration, but it links court rules, hours and locations, fees and legal assistance. | courts.delaware.gov/help/ |
| Court of Chancery Rules | The official rule set. Rules 187 through 207 are the live probate rules for practice before the Register of Wills and Court of Chancery estate matters. | courts.delaware.gov/rules/ |
| Your county Register of Wills | Each of the three Registers publishes its own probate guidance, forms, checklists, brochures, flowcharts, glossaries and fee list. Delaware law requires every Register to keep a printed or written fee list available for public inspection (12 Del. C. § 2511). | See the New Castle, Kent and Sussex county pages |
| Delaware State Bar Association Online Lawyer Referral Service | The Online Lawyer Referral Service is a referral service. Estate Planning is a published category and includes elder law, wills, trusts, estates, power of attorney, guardianship and probate. The association publishes a $35 charge for an initial 30 minute consultation with a lawyer who responds, and participation by attorneys is voluntary. | dsba.org/resources/public-resources/ and dsba.org/online-lawyer-referral-service/ |
| Legal Help Link | A collaborative online intake connected with Delaware legal organizations. Individuals who meet standards, including federal poverty income standards, may qualify for legal assistance. It is available 24 hours a day, 7 days a week, and completing an intake does not guarantee representation. | delegalhelplink.org |
| Community Legal Aid Society, Inc. | Delaware's oldest and largest civil legal aid organization, with offices in Wilmington, Dover and Georgetown. Its published practice areas include housing, domestic violence, immigration, public benefits, family, disability and elder law. | declasi.org |
| Delaware Volunteer Legal Services | DVLS assists clients facing critical civil legal issues including family law for victims of domestic violence, adult guardianships, wills, powers of attorney, advance healthcare directives and other areas. | dvls.org |
| Legal Services Corporation of Delaware, Inc. | A non-profit law firm and community education organization assisting low-income families in Delaware in safe and affordable housing, financial stability and consumer protection. | lscd.com |
When to hire an attorney
Delaware makes self-representation workable in an ordinary estate: no bond is required by default under 12 Del. C. § 1522, an uncontested matter is handled by the Register of Wills under § 2502(b), and an individual personal representative may appear before the Register under Court of Chancery Rule 188(a). Counsel makes sense when there is a caveat under 12 Del. C. § 1308, review of proof of will under § 1309, exceptions under § 2302, real property that must be sold or a deed cleared, a creditor priority fight, or an elective share under 12 Del. C. § 901. Sunset connects the reader to a vetted probate attorney.
How Sunset helps in Delaware
Find the accounts and assets. Sunset helps families locate bank accounts, investment accounts, insurance policies and other assets so the Delaware filing path is based on a complete picture.
Generate the probate packet. Sunset organizes the information needed for the county Register of Wills, including the asset list that supports the inventory and appraisal required by 12 Del. C. § 1905.
Find a local probate attorney. When a Delaware estate needs Court of Chancery work, real estate counsel, creditor strategy or elective share guidance, Sunset can connect the family with a vetted local attorney.
Sunset is free for families. Sunset helps families move through estate settlement without charging them for the core support described here.
Frequently asked questions
Where do I file probate in Delaware?
Open the estate with the Register of Wills in the county where the decedent was domiciled at the time of death. A will is proved there under 12 Del. C. § 1302(a), and letters of administration are granted there under 12 Del. C. § 1504(a). Delaware has three county Registers of Wills: New Castle, Kent and Sussex.
What is the small estate limit in Delaware?
Under 12 Del. C. § 2306, the small estate affidavit limit is $50,000 or less for a decedent who died on or after June 10, 2026, and $30,000 or less for a decedent who died before June 10, 2026. The change was made by 85 Del. Laws, c. 281, formerly HB 333, approved June 10, 2026. The decedent also must not have owned Delaware real estate solely or as a tenant in common.
Do I have to go before a judge in Delaware?
Usually not. The county Register of Wills may hear and decide an uncontested matter with the same effect as the Court of Chancery, subject to the Court's 30-day power to set aside or modify the order (12 Del. C. § 2502(b)). Judicial estate matters go to the Court of Chancery under Court of Chancery Rule 207.
Can I file probate online in Delaware?
No. There is no e-filing for Delaware probate through a Register of Wills. Delaware eFlex serves the Justice of the Peace Court, File and Serve Delaware serves the Court of Common Pleas, and File and ServeXpress serves the Supreme Court, the Court of Chancery and Superior Court. No Register of Wills is on those systems.
How much does probate cost in Delaware?
There is no statewide fee schedule. Each county's governing body sets the Register of Wills fees under 12 Del. C. § 2510. Opening costs are graduated, and the lowest granting letters bracket is $25 in all three counties. A percentage closing cost is due at the end: New Castle charges 1.75% plus a separate 0.25% technology cost, Kent charges 1.75% and Sussex charges 1.25%, with Kent's schedule dated Rev. 2.5.2026 and the New Castle and Sussex schedules retrieved September 1, 2026.
Does Delaware have an inheritance tax or an estate tax?
Delaware has no current estate tax for estates of decedents dying after December 31, 2017 (81 Del. Laws, c. 52), and no inheritance tax for decedents dying on or after January 1, 1999 (71 Del. Laws, c. 353). The paperwork still matters: a no Delaware estate tax affidavit may be required under 12 Del. C. § 2304(b), and tax clearance is required before final accounting under Court of Chancery Rule 195(b).
How long do creditors have to file a claim against a Delaware estate?
A claim against the estate that arose before or at death is barred 8 months from the decedent's death, whether or not notice was given (12 Del. C. § 2102(a)). That clock does not run from letters or publication. A statement of claim is presented by delivery or mail to the personal representative, or by filing with the Register of Wills under § 2104(1).
Do I need a bond to be appointed in Delaware?
No bond is required by default before letters. Under 12 Del. C. § 1522, a bond is required only when the will expressly requires one or when the Court of Chancery orders one under § 1524.
How do I look up a Delaware estate?
No Delaware Judiciary system indexes probate. CourtConnect provides civil case information for Superior Court, the Court of Common Pleas and the Justice of the Peace Court only. Two county Registers of Wills run their own free searches, and county details are on the New Castle, Kent and Sussex pages.
What do I do with the will if I am not opening an estate?
Deliver the will within 10 days to the Register of Wills for the county where you reside once you receive information of the testator's death (12 Del. C. § 1301(a)). That duty is separate from whether anyone later opens a full administration or uses a small estate affidavit under § 2306.
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Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.