Probate in Delaware
Delaware probate is administered in the Register of Wills office and the Court of Chancery of the county where the deceased resided. Delaware has three counties (New Castle, Kent, Sussex), each with its own Register of Wills. The process is generally efficient for routine estates.
Delaware probate typically takes 6–12 months. Executor compensation is reasonable compensation.
Simplified estate procedures
Delaware allows a small estate affidavit for estates with personal property of $30,000 or less, available 30 days after death. Delaware also allows a petition to the Register of Wills for certain small estates without full probate.
Delaware does not currently authorize transfer on death deeds for real property in the same way as many other states.
Death certificates
Delaware death certificates are issued by the Delaware Department of Health and Social Services (DHSS) Office of Vital Statistics. The cost is $25 per certified copy. Order through DHSS or VitalChek.
Order at least 10–12 certified copies when the funeral home files the initial certificate.
Estate and inheritance tax
- State estate tax: Delaware repealed its state estate tax effective January 1, 2018. There is no state estate or inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- Creditor claim period: 8 months from the date of first publication of notice to creditors.
- Court of Chancery: Delaware's Court of Chancery handles contested estate matters — it's the same court famous for corporate law and is highly respected.
- No estate tax: Delaware repealed its estate tax in 2018.
- Register of Wills: Delaware's Register of Wills offices are county-level and provide hands-on guidance to executors.
Key contacts
- Delaware vital statistics: dhss.delaware.gov/dhss/dph/ss/vitalstats.html
- Delaware Courts: courts.delaware.gov
- Delaware State Bar lawyer referral: dsba.org