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Home→Forms→Revocable Living Trust→Delaware

Delaware Estate Planning Resources

In-depth guides covering Delaware probate laws, trust requirements, and estate planning strategies.

Delaware Revocable Living Trust

Delaware revocable living trust: avoid probate, name beneficiaries, set distribution rules, appoint a successor trustee. State-specific execution.

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SELF-HELP SERVICE: SimplyTrust provides a self-help document preparation service. We are not a law firm and cannot provide legal advice, select forms for you, or tell you how to complete forms. Our role is limited to providing a platform where you input your own information into document templates.

NOT LEGAL ADVICE:This document was created entirely based on your selections. SimplyTrust does not review, analyze, or verify your entries, nor do we verify your identity, capacity, or authority to act. You are solely responsible for determining whether this document meets your needs and for completing all required execution formalities (signatures, witnesses, notarization, or recording) in accordance with your state's laws. For any legal questions, consult a licensed attorney in your state.

Frequently Asked Questions About Delaware Revocable Living Trusts

Yes. Assets held in a revocable living trust bypass Delaware probate entirely — no court supervision, no public record, no statutory fees.12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Apr 14, 2026 Full probate in Delaware typically takes 12-18 months. Use the Delaware probate cost calculator to see what probate would cost without a trust.

Delaware accepts a certificate of trust in lieu of the full trust instrument.Del. Code tit. 12, § 3591Verified Apr 3, 2026 The certificate confirms the trust exists, identifies the trustee, and states the trustee's powers — without disclosing beneficiaries or distribution terms. Third parties who rely on the certificate in good faith are protected by statute.Del. Code tit. 12, § 3590, § 3591(f)Verified Apr 3, 2026

Many families with a trust also use a pour-over will — one way to direct assets not transferred into the trust during your lifetime. Pour-over assets go through probate before reaching the trust. Create a Delaware pour-over will if needed.

The successor trustee takes over and the trust becomes irrevocable. The trustee manages the 8-month creditor claim window and distributes assets according to the trust terms — all without probate court involvement.12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Apr 14, 2026 Delaware requires beneficiary notification within 60 days of death. Use the Trust EIN application tool to get the tax ID.

Most assets can be transferred: Delaware real estate (via a Quitclaim Deed or Warranty Deed), bank accounts, investment accounts, vehicles, and personal property.12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Apr 14, 2026 Retirement accounts (401k, IRA) use beneficiary designations rather than being retitled. Life insurance policies can name the trust as beneficiary. The key is funding — only assets actually transferred into the trust bypass probate.

It depends on your estate size and goals. Delaware allows simplified probate for estates under $30,000,delcode.delaware.gov: 12 Del. C. § 2305 (commissions & attorney fees per Court of Chancery rules), § 2306 (distribution without letters / small estate), § 2308 (surviving spouse $7,500 allowance), § 2101 (creditor notice & publication), § 2102 (creditor claims 8-month bar), § 1522 (bond not required by default), § 1523 (bond amount), § 1524 (demand for bond), § 2510 (county-set filing fees). Verified 2026-04-14.Verified Apr 14, 2026 so smaller estates may not need a trust for cost savings alone. Use the Delaware trust vs. will comparison to see which fits your situation.

Delaware offers transfer-on-death deeds for real estate,25 Del. C. Ch. 2, 201-221Verified Apr 15, 2026 which transfer property at death without probate. A TOD deed is simpler for a single property, but a trust covers all asset types, provides incapacity protection, and keeps distributions private. Check eligibility with the TOD deed checker.

Yes. Delaware supports remote online notarization (RON) for trust documents.29 Del. C. § 4320 You can sign and notarize your trust via video call with an approved RON provider — no in-person notary visit needed.

While you're alive, a revocable trust uses your Social Security number. After the grantor dies, the trust needs its own EIN from the IRS. Use the Trust EIN application to prepare the paperwork.

Avoiding Probate in Delaware

Whether a revocable trust makes sense for Delaware residents depends on estate size, asset types, and goals. Full probate in Delaware typically takes 12 monthsdelcode.delaware.gov: 12 Del. C. § 2305Verified Apr 14, 2026 to 18 monthsdelcode.delaware.gov: 12 Del. C. § 2305Verified Apr 14, 2026 and creates a public record. A trust bypasses this entirely — assets transfer privately to beneficiaries without court involvement.

Estates under $30,000§ 2306Verified Apr 14, 2026 in Delaware may qualify for simplified probate — so smaller estates don't always need a trust. A trust adds value for larger estates, for incapacity planning, and when you want to keep asset details out of public court records.

After the grantor dies, the successor trustee manages the 8 months12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Apr 14, 2026 creditor claim period and distributes assets according to the trust terms — all without court involvement. Delaware accepts a certificate of trust in lieu of the full instrument, so the trustee can act without disclosing beneficiaries or distribution terms. Delaware real estate is transferred into the trust using a Quitclaim Deed or Warranty Deed12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Apr 14, 2026.

Many families pair a trust with a pour-over will — one way to direct unfunded assets into the trust at death.

SimplyTrustSimplyTrust Editorial·Updated April 14, 2026

Legal Sources

  • § 2306
  • 12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)
  • delcode.delaware.gov: 12 Del. C. § 2305

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

Delaware Estate Planning Forms & Tools

Free state-specific legal documents and calculators for Delaware residents.

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Delaware Last Will and Testament

Create a free, state-specific will with Delaware's witness and notarization requirements included.

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Delaware Pour-Over Will

Transfer assets to your existing trust. Delaware's execution requirements included.

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Free

Delaware Healthcare Power of Attorney

Designate someone to make medical decisions on your behalf. Delaware's requirements included.

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Free

Delaware Financial Power of Attorney

Designate someone to manage your financial affairs. Delaware's requirements included.

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Free

Delaware Transfer on Death Deed

Transfer real property to beneficiaries outside of probate. Per 25 Del. C. Ch. 2, 201-221.

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How Much Does Probate Cost in Delaware?

Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.

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How Much Can an Executor Charge in Delaware?

Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.

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Who Inherits Without a Will in Delaware?

Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.

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What's Fair Trustee Compensation in Delaware?

Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.

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How Much Are Estate & Inheritance Taxes in Delaware?

Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.

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How Many Death Certificates Do I Need in Delaware?

Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.

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Do I Need Probate in Delaware?

Answer a few questions to find out if an estate needs full probate, qualifies for simplified probate, or can avoid probate entirely with a small estate affidavit.

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What Does Estate Planning Actually Cost in Delaware?

See the true cost of estate planning. Compare SimplyTrust, Trust & Will, LegalZoom, and attorneys including life events like marriage, divorce, and having children.

Compare Costs

How Much Does a Revocable Living Trust Cost in Delaware?

Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.

Compare Costs

How Much Does a Will Cost in Delaware?

Compare the cost of creating a will. See document costs plus probate fees your heirs will pay. Compare SimplyTrust, Trust & Will, LegalZoom, and attorneys.

Compare Costs

How Much Life Insurance Do I Need in Delaware?

Calculate how much life insurance coverage you need. Accounts for income replacement, debt payoff, college funding, and state-specific factors like cost of living and estate taxes.

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What Taxes Apply to My Inheritance in Delaware?

See which states charge inheritance tax, what federal tax applies, and how long it takes to receive money, property, or retirement assets from an estate or trust.

Learn More

Are My Beneficiary Designations Protected in Delaware?

See how your state handles beneficiary designations after divorce, inherited IRA creditor protection, and spousal consent requirements for retirement accounts.

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What Are the Estate Laws in My State in Delaware?

Understand your state's estate planning landscape. See will execution requirements, probate procedures, trust administration rules, and what happens if you die without a plan.

Check Your State

How Do Trust Laws Differ Between States in Delaware?

See side-by-side differences in trust execution requirements, remote notarization, transfer-on-death deeds, and administration rules. Calculate settlement costs for each state.

Compare States

How Do I Sign Estate Documents in Delaware?

Understand what you need to execute your estate planning documents. Check witness requirements, notarization rules, and whether you can sign remotely via video call (RON).

Check Requirements

Will My Estate Documents Transfer in Delaware?

Moving states? Find out if your will, trust, healthcare proxy, or power of attorney will be recognized in your new state. See the legal basis for interstate recognition and any potential issues.

Check Portability

Do I Need a Revocable Trust in Delaware?

Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.

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Do I Need a TOD Deed in Delaware?

Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.

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Can I Self-File Probate in Delaware?

Get a score-based recommendation on whether self-filing probate is right for your situation. See estimated savings vs. hiring an attorney and get a step-by-step checklist.

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What Are the Creditor Claim Deadlines in Delaware?

See when creditors must file claims, what notice you must publish, whether direct notice is required, and the statutory priority for paying debts. Enter dates to calculate specific deadlines.

Check Deadlines

How Do Estate Planning Services Compare in Delaware?

See real pricing data, digital experience differences, and state-specific signing requirements for LegalZoom, Trust & Will, and SimplyTrust. Toggle between trust and will to see how each service compares.

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Do I Have to File Tax Returns for Someone Who Died in Delaware?

See which federal and state tax returns need to be filed after a death. Check income tax, estate tax, and fiduciary return requirements with deadlines, form links, and tax clearance rules.

Check Requirements

What Are My Personal Items Worth for Probate in Delaware?

Estimate the fair market value of furniture, electronics, clothing, appliances, and more. See how reporting accurate values instead of purchase prices can reduce probate fees in your state.

Estimate Value

Trust or Will: Which Costs Less in Delaware?

Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.

Compare Options

How Do I Settle an Estate in Delaware?

Get a personalized checklist for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.

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What Are My Duties as Trustee in Delaware?

Step-by-step guide for successor trustees administering a trust. Understand your duties, notification deadlines, and asset management responsibilities.

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What Are My Duties as Executor in Delaware?

Complete guide for executors and personal representatives navigating probate. Court filings, creditor claims, and distribution timelines.

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