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Home→Tools→State Estate Planning Guides→Delaware

How Does Estate Planning Work in Delaware?

Your complete Delaware estate planning overview: probate costs, will execution requirements, trust rules, and what happens if you die without a plan.

Frequently Asked Questions

Probate in Delaware uses reasonable compensation for attorney fees, typically 2.7-4.3% of the estate value — about $31,921 all-in on a $500,000 estate. Estates under $50,000 may qualify for Distribution Without Letters.

Simple estates in Delaware typically take 6-12 months through probate. Complex or contested estates can take 1-3 years. A revocable trust avoids probate entirely.

Delaware requires 1 witness for trust execution. Notarization is not required for validity, though many financial institutions require notarized trust documents. Delaware has no separate trust creditor-notice step — the settlor's debts stay subject to the general claims and limitations period (up to 8 months), which the trustee settles before distributing.

Delaware offers remote online notarization (RON) for estate planning documents and transfer-on-death deeds to pass real estate without probate. These tools, combined with revocable trusts and beneficiary designations, provide multiple ways to transfer assets without probate.

A healthcare power of attorney in Delaware requires 1 witness to be valid. A financial power of attorney requires 1 witness and notarization. A financial power of attorney is not durable by default — it must include specific durability language to survive incapacity.

In Delaware, the executor must file an inventory of the estate's assets within 90 days of appointment. A revocable trust skips the court-supervised inventory entirely, so a trustee distributes assets without filing one.

In Delaware, divorce does not automatically revoke a beneficiary designation that names a former spouse — the former spouse remains the named beneficiary until the designation is changed.

Estate Planning in Delaware

Estate planning in Delaware is shaped by remote online notarization and transfer-on-death deeds. The choice between a will and a revocable trust depends on which of those features changes the cost or process for your situation, not on any single rule.

Probate in Delaware runs attorney fees on a reasonable-compensation standard, typically 2.7-4.3% of the estate value, with room to negotiate. A simple estate typically closes in 6-12 months, and the 8-month creditor-claim window sets the floor. Estates under $50K can use the Distribution Without Letters and avoid full probate administration. The Distribution Without Letters is presented directly to the bank, employer, or other holder of the property — it is not filed with a court.

For a revocable trust, Delaware requires 1 witness for trust execution. Notarization isn't required for validity, though banks and title companies typically expect a notarized trust before they'll work with it. Delaware has not adopted the Uniform Trust Code; trust administration follows the state's own rules, which can affect trustee duties and beneficiary remedies.

Delaware offers transfer-on-death deeds, which move real estate to a named beneficiary at death without probate and remote online notarization for estate documents, so signing can happen over secure video. Combined with beneficiary designations on retirement accounts and payable-on-death registrations, these can move significant value outside probate without setting up a trust.

SimplyTrustSimplyTrust Editorial·Updated July 13, 2026

Sources

  • delcode.delaware.gov

Data sourced from Delaware estate law primary sources (4 pages reviewed). How we research.

Delaware Estate Planning Tools

  • Answer a specific Delaware question: How much does probate cost in Delaware? · Who inherits without a will in Delaware? · Do I need probate in Delaware? · How much does a will cost in Delaware? · How much does a trust cost in Delaware? · How do I sign a will in Delaware?

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