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Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
Learn moreForms for Settling an Estate in Delaware
Free forms for settling an estate in Delaware: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Delaware.
Small Estate Affidavit
In Delaware, the Distribution Without Lettersdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source covers estates with personal property of $50,000delcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source or less, 30 daysdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Delaware, the personal representative files the estate inventory within 90 daysDel. Code tit. 12, §§ 1904, 1905, 1908, 1910Verified Sep 15, 2026View source of appointment.
Estate Closing
In Delaware, the personal representative is discharged by court order12 Del. C. §§ 2302(d), 2303(a), 2335, 2338(a)Verified Sep 15, 2026View source, and a final accounting is required.
IRS Form 1310
Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Affidavit of Death
In Delaware, a surviving joint owner records the “Affidavit to the Register of Wills of Jointly Held Real PropertyNew Castle County Register of Wills, Affidavit to the Register of Wills of Jointly Held Real Property (Revised 1-1-19); 12 Del. C. § 1905(e)Verified Oct 26, 2026View source”; a transfer on death deed beneficiary records the “Affidavit to the Register of Wills, Real Property Transferred on Death by DeedKent County Register of Wills, Affidavit to the Register of Wills, Real Property Transferred on Death by Deed (Issued 12.2.2025); 25 Del. C. § 218(a)Verified Oct 26, 2026View source”.
Tools for Settling an Estate in Delaware
Free tools for settling an estate in Delaware: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Delaware.
How Much Can an Executor Charge?
Delaware pays executors reasonable compensation12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
Can I Self-File Probate?
Delaware has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is available12 Del. C. §§ 1302, 1303, 1502, 1505 (Register of Wills proves the will and grants letters; proof taken without notice unless an interested person petitions the Court of Chancery)Verified Sep 8, 2026View source.
How Do I Get Letters Testamentary?
In Delaware, the Register of Wills of the county issues Letters Testamentary or Letters of Administration once the Register of Wills appoints the personal representative; an informal (registrar) track is available12 Del. C. §§ 1302, 1303, 1502, 1505 (Register of Wills proves the will and grants letters; proof taken without notice unless an interested person petitions the Court of Chancery)Verified Sep 8, 2026View source.
What Are the Creditor Claim Deadlines?
In Delaware, creditors have 8 months12 Del. C. § 2102 (8 months from death for pre-death claims; 6 months for post-death claims)Verified Sep 8, 2026View source from the date of death to present claims; late claims are barred.
What Happens When an Estate Is Insolvent?
When an estate owes more than it holds, Delaware pays the claims in 1212 Del. C. § 2105Verified Sep 23, 2026View source classes in statutory order, beginning with surviving spouse’s allowance.
How Do I Claim a Deceased Person's Unclaimed Property?
In Delaware, a deceased owner's unclaimed property is claimed from the Delaware Department of Finance, Office of Unclaimed PropertyDel. Code tit. 12, ch. 11 (Escheats), subch. II (Unclaimed Property), §§ 1165-1167Verified Aug 24, 2026View source.
How Do I Open an Estate Account When Someone Dies?
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
Hire a Delaware Probate Attorney
Browse 70 probate firms in Delaware with addresses, contact info, and practice details.
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Delaware Estate Settlement Resources
In-depth guides covering Delaware probate, estate administration, and settling an estate.