Build Your Delaware Estate Plan with State-Specific Forms
The First State
Discover FREE Delaware estate planning documents designed for state requirements. Download Last Will and Testament, Financial Power of Attorney, Healthcare Proxy forms, and explore educational resources to understand Delaware estate laws.
What Makes Delaware Different
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.
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.
Delaware Estate Planning Resources
Free estate planning forms, calculators, and checklists for Delaware. No account required.
Delaware Last Will and Testament
Create a free, state-specific will with Delaware's witness and notarization requirements included.
Delaware Pour-Over Will
Transfer assets to your existing trust. Delaware's execution requirements included.
Delaware Healthcare Power of Attorney
Designate someone to make medical decisions on your behalf. Delaware's requirements included.
Delaware Financial Power of Attorney
Designate someone to manage your financial affairs. Delaware's requirements included.
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.
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.
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.
Who Inherits 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.
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.
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.
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.
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.
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.
What Are My Duties as Executor in Delaware?
Complete guide for executors and personal representatives navigating probate. Court filings, creditor claims, and distribution timelines.
What 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.
What 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.
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.
What Should I Expect When Inheriting in Delaware?
Find out what to expect when inheriting money, property, or other assets. See timeline estimates, inheritance tax implications, and understand what the executor or trustee is handling behind the scenes.
Why do families choose Delaware for their trusts?
Delaware allows perpetual trusts that can last indefinitely, offers strong asset protection laws, and doesn't impose state income tax on trusts. The state also provides privacy protections and flexible trust management rules that many families find beneficial for long-term wealth preservation.
