Forms for Planning and Settling an Estate in Delaware

Free Delaware forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Healthcare Power of Attorney

Delaware requires 116 Del. C. § 2511Verified Oct 15, 2026View source witness for a healthcare power of attorney; notarization is not required16 Del. C. § 2511Verified Oct 15, 2026View source.

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Financial Power of Attorney

Delaware requires explicit durability language for a power of attorney to survive incapacity12 Del.C. §§ 49A-104, 49A-105, 49A-106, 49A-109, 49A-113, 49A-114, 49A-119, 49A-120, 49A-201, 49A-204 through 49A-217, 49A-301; 25 Del.C. §§ 151, 155Verified Sep 18, 2026View source, and it is signed before 112 Del.C. §§ 49A-104, 49A-105, 49A-106, 49A-109, 49A-113, 49A-114, 49A-119, 49A-120, 49A-201, 49A-204 through 49A-217, 49A-301; 25 Del.C. §§ 151, 155Verified Sep 18, 2026View source witness and a notary.

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Last Will and Testament

In Delaware, a will is signed before 212 Del. C. § 202Verified Sep 15, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimony12 Del. C. § 202Verified Sep 15, 2026View source.

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Tools for Planning and Settling an Estate in Delaware

Free calculators and checklists for planning or settling an estate in Delaware: will and trust costs, probate, executor pay, and inheritance taxes.

What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in Delaware runs $4,390Estimate: 10 hours at $439, Clio's Delaware Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,585Estimate: 15 hours at $439, Clio's Delaware Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,317Estimate: 3 hours at $439, Clio's Delaware Trusts rate (no Wills and Estates rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,634Estimate: 6 hours at $439, Clio's Delaware Trusts rate (no Wills and Estates rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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How Much Life Insurance Do I Need?

In Delaware, four years at a public university cost about $105,696NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 3, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 3, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax. Estate tax (30 Del. C. ch. 15, §§ 1501-1507) repealed outright by 81 Del. Laws, c. 52, § 1 (HB 16, 149th Gen. Assem.), effective for estates of decedents dying after Dec. 31, 2017; inheritance tax (30 Del. C. ch. 13, §§ 1301-1314) repealed by 71 Del. Laws, c. 353, § 10, effective Jan. 1, 1999; gift tax (30 Del. C. ch. 14) repealed by 71 Del. Laws, c. 130, § 1.Verified Sep 15, 2026View source.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in Delaware costs an estimated $33,96412 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source and takes 9 months to 12 months for a simple estate, with attorney fees of typically 2.5%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source to 3.9%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source of the estate. Estates under $50,000delcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source can use a small-estate procedure instead.

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Do I Need a Revocable Trust?

Probate in Delaware takes 9 months to 12 months for a simple estate and charges attorney fees of typically 2.5%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source to 3.9%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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Are My Beneficiary Designations Protected?

Delaware does not revoke an ex-spouse as beneficiary at divorce12 Del. C. § 209Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

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