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Probate in Delaware typically costs 2%–4% of the estate value in attorney fees12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified May 7, 2026, plus court filing fees, executor compensation, publication costs, and any required surety bond. Attorney fees in Delaware are negotiated, so the actual cost depends on the firm and complexity. Total all-in costs typically run 3-8% of estate value. The Delaware probate calculator gives a detailed estimate based on estate value.
Delaware runs supervised probate as the default, meaning the court is involved at every step of the process — hearings for executor appointment, asset inventories, accounting reports, and final distributions. That procedural overhead is what drives both the cost and the timeline of Delaware probate. It's also why living trusts are popular here: they bypass the court entirely.
Estate planning attorneys in Delaware average $475 per hourClio Legal Trends Report 2025Verified Jan 1, 2025 for wills and estates work. Flat-fee packages run roughly $1,425–$2,850 for a simple individual will and $4,390–$6,585 for a basic revocable trust. Online and DIY services cost $30–$300 for the same documents — see the will cost calculator for a side-by-side comparison.
Delaware allows estates under $30,000 to use a simplified Distribution Without Letters procedure, which is a form rather than a court case and typically doesn't require an attorney. For larger estates, formal probate is involved enough that retaining counsel is usually practical — the procedural work is what they're there for. Use the Delaware probate calculator to estimate the costs.
In Delaware, the situations where retaining counsel is typically worth the cost are: blended families with children from prior relationships; ownership of a business, rental property, or significant investment assets; special-needs dependents who need a special-needs trust to preserve benefits; substantial property held in multiple states. If none of these describe your situation, the simpler online and DIY tools are often enough.
Search 3,664 estate law firms across 51 states.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to discuss your situation and verify their current practice areas and availability.
61 firms
401 Broadkill Road
Milton, DE 19968
Phone:
(302) 505-5773800 Delaware Avenue, Suite 200
Wilmington, DE 19899
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(302) 884-6737109 South Race Street
Georgetown, DE 19947
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(302) 856-77142711 Centerville Road, Suite 401
Wilmington, DE 19808
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(302) 327-11002 West Loockerman Street
Dover, DE 19901
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(302) 734-8400600 North King Street, Suite 400
Wilmington, DE 19801
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(302) 655-50002300 Pennsylvania Avenue, Suite 5A
Wilmington, DE 19806
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(302) 751-0151300 Creek View Road, Suite 210
Newark, DE 19711
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(302) 504-8950200 Continental Drive, Suite 401
Newark, DE 19713
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(302) 225-5700301 S. DuPont Road, Suite H
Wilmington, DE 19804
Phone:
(302) 994-8037