✓ Verified June 2026
This guide explains the Delaware probate process in plain English — which court handles it, how long it takes, what it costs, and how families can sometimes skip it. All figures are from Delaware law, verified as of June 2026.
In This Delaware Guide:
Delaware Probate at a Glance
Here are the key facts about the Delaware probate process:
| Court that handles probate | Register of Wills (elected official in each of Delaware’s 3 counties — New Castle, Kent, Sussex — handles probate administratively, not through a traditional probate court) |
| Probate types available | Standard administration (full probate for estates with personal property over 30000 or real estate solely in decedent’s name); Small estate affidavit (personal property 30000 or less, no solely-owned real estate). Delaware has NOT adopted the Uniform Probate Code and does not use the formal/informal distinction. |
| Typical timeline | 8-12 months for standard uncontested probate (the 8-month absolute creditor claim bar period is the practical minimum) |
| Fastest option | Small estate affidavit for estates with 30000 or less in solely-owned personal property and no solely-owned real estate — typically completed in 2-4 weeks; must wait at least 30 days after death before filing |
| Fee structure | SLIDING-SCALE filing fees based on estate value, plus REASONABLE-FEE for executor compensation (no statutory percentage schedule). Filing fees for New Castle County: under 30000 = 25; 30000-99999 = 50; 100000-499999 = 75; 500000-999999 = 100; 1000000-1499999 = 200; 1500000-1999999 = 300; each additional 500000 increment = 100 more. Kent and Sussex counties maintain separate fee schedules. |
| Typical total cost | Total probate cost (attorney fees plus filing fees plus executor compensation) typically runs 2-5 percent of the estate value; attorney fees alone commonly range 3000-10000 depending on estate complexity |
| Court filing fee | 25 to 300+ depending on estate value (New Castle County schedule: 25 for estates under 30000, scaling up to 300 for estates 1500000-1999999, with 100 added per additional 500000 increment) |
| Executor compensation | REASONABLE compensation — Delaware has no fixed statutory percentage schedule for executor/personal representative fees. Courts consider time spent, estate complexity, estate size, executor experience, customary fees in the community, and nature of work involved. In practice, compensation typically falls between 1 and 4 percent of estate value. Family members often waive compensation. |
How to Avoid Probate in Delaware
Revocable living trust; payable-on-death (POD) bank accounts; transfer-on-death (TOD) securities registration; transfer-on-death vehicle registration; transfer-on-death real estate deeds (new — effective December 5, 2025, under Delaware’s adoption of the Uniform Real Property Transfer on Death Act via House Bill 147); joint tenancy with right of survivorship; tenancy by the entirety (married couples); small estate affidavit for estates under 30000
Out-of-state property (ancillary probate): Yes — if a non-Delaware resident owns real property in Delaware, ancillary probate in Delaware is generally required. Conversely, Delaware residents who own real property in another state may need ancillary probate in that state. Transfer-on-death deeds (newly available as of December 2025) and living trusts can help avoid ancillary probate for Delaware real property.
Other Delaware probate rules: Delaware has NO state estate tax or inheritance tax (only federal estate tax applies for estates exceeding the federal threshold). Surviving spouse elective share is one-third of the elective estate, must be filed within 6 months of granting of letters. Surviving spouse allowance of up to 7500 from the estate.
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8-month absolute creditor bar — claims are barred after 8 months from death regardless of whether notice was properly published. Creditor notice must be posted within 40 days of granting letters on the county website and/or courthouse, plus published in an approved newspaper at least 3 times (once weekly for 3 successive weeks).
Transfer-on-death real estate deeds became available December 5, 2025 (Uniform Real Property Transfer on Death Act, Title 25 Chapter 2). Minimum age to make a will is 18. Delaware has NOT adopted the Uniform Probate Code.
Understanding the Delaware Probate Process
The Delaware probate process follows a clear sequence — open the case, appoint the executor, inventory assets, pay debts, then distribute what is left. How long the Delaware probate process takes and what it costs depends on the type of probate the estate qualifies for, which is why the exact figures above matter.
Many families are relieved to learn the Delaware probate process is simpler and cheaper than they feared, especially for smaller or well-planned estates. Your state probate court’s self-help center can guide an executor through the Delaware probate process step by step.
You don’t have to do this alone
If you are settling a loved one’s estate in Delaware, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
Official Delaware Sources & Resources
- Delaware Probate Court: https://www.newcastlede.gov/152/Register-of-Wills (New Castle County); https://www.kentcountyde.gov/Residents/Wills-Estates (Kent County); https://sussexcountyde.gov/register-wills (Sussex County); https://courts.delaware.gov/help/ (Delaware Courts Self-Help Center)
- Delaware Probate Code: https://delcode.delaware.gov/title12/title12.pdf (Title 12 — Decedents’ Estates and Fiduciary Relations, full text); https://delcode.delaware.gov/title12/c025/index.html (Chapter 25 — Register of Wills)
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Delaware probate guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Delaware Wills & Probate Guides
- Delaware Wills & Estate Planning
- Dying Without a Will in Delaware
- Delaware Estate & Inheritance Tax
- Delaware Small Estate Affidavit
- Delaware Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.