How Does Estate Planning Work in Delaware?

Probate on a $500,000 estate in Delaware costs an estimated $35,229 and takes 9 months to 12 months for a simple estate, with attorney fees of typically 2.7% to 4.3% of the estate. Estates under $50,000 can use a small-estate procedure instead.

A simple estate in Delaware typically takes 9 months to 12 months through probate, and an average estate 12 months to 18 months; a contested one runs longer. The creditor claim period of 8 months is the floor. A funded revocable trust avoids probate entirely.

Delaware has not adopted the Uniform Trust Code and requires 1 witnesses 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.

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 durability language to survive incapacity.

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

In Delaware, divorce does not automatically revoke a beneficiary designation that names a former spouse; the former spouse stays 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.

A will goes through probate, with attorney fees of typically 2.7% to 4.3% of the estate. A simple estate typically closes in 9 months to 12 months, and the 8 months creditor-claim window sets the floor. Estates under $50,000 can use the Distribution Without Letters and avoid full probate administration. Real property cannot be transferred through this procedure in Delaware; an estate that includes real estate uses a separate process. 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.

SimplyTrust Editorial·Updated October 15, 2026

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Data sourced from Delaware statutes and official state code. How we research.

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