© 2026 SimplyTrust Software Inc.
The First State
Access comprehensive Delaware estate planning resources at no cost. Download state-specific forms for wills, financial power of attorney, and healthcare proxy, plus explore educational content about Delaware estate laws.
Like all states, Delaware recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2 adult witnesses, and adding a notarized self-proving affidavit can streamline the probate process later.
If you die without a will in Delaware, your heirs must survive you by at least 5 days to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident. The amount a surviving spouse inherits without a will depends on whether your parents are still alive. If they are, your spouse may have to share the estate with them—a result that surprises many people and underscores why having a will matters.
Unlike states with formal independent administration statutes (such as California and Texas), Delaware doesn't offer a simplified procedure for executors to petition for reduced court oversight. However, executors typically have statutory authority to manage routine estate matters. For families looking to avoid probate court involvement entirely, a revocable living trust remains the most reliable option.
Each county in Delaware handles probate matters through its local court system. Click on any county to view specific court contact information, judges, filing procedures, and local requirements.
Pick what's right for you. Free for Delaware.
Run the numbers for Delaware for free.
Find estate planning attorneys in Delaware by practice area.
Banks, brokerages, and credit unions serving Delaware.
Explore Delaware trust laws, probate procedures, and inheritance rules with educational content focused on First State regulations.
