Delaware Inheritance: Plan an Estate or Settle One

Delaware has not adopted the Uniform Probate Code, has not enacted the Uniform Trust Code12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Jul 15, 2026View source, and has not adopted the Uniform Power of Attorney Act12 Del.C. §§ 49A-104, 49A-105, 49A-106, 49A-109, 49A-113, 49A-114, 49A-119, 49A-120, 49A-201, 49A-204 through 49A-217, 49A-301; 25 Del.C. §§ 151, 155Verified Sep 18, 2026View source.

Probate of a simple estate in Delaware runs 9 months to 12 months; an average estate takes 12 months to 18 months. The court filing fee is $30 - $1,905+ (based on estate value)Del. Code tit. 12, § 2510Verified Sep 8, 2026; attorney fees are reasonable compensation12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source; executor compensation typically runs 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. On a $500,000 estate the estimated total comes to $35,22912 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source. Informal, unsupervised 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 for uncontested estates.

Certified death certificates come from the Delaware Department of Health and Social Services - Office of Vital StatisticsDelaware Department of Health and Social Services - Office of Vital StatisticsVerified Oct 15, 2026View source at $25Delaware Department of Health and Social Services - Office of Vital StatisticsVerified Oct 15, 2026View source a copy. Once appointed, the personal representative files the estate inventory within 90 daysDel. Code tit. 12, §§ 1904, 1905, 1908, 1910Verified Sep 15, 2026View source of appointment and publishes the notice to creditors for 312 Del. C. §§ 2101, 2102, 2103, 2104, 2105, 2109Verified Sep 15, 2026View source consecutive weeks.

A surviving spouse left out of the will can elect to take a statutory share insteadDel. Code tit. 12, §§ 901, 902, 903, 905, 906Verified Sep 15, 2026View source. The family allowance during administration is capped at $7,500Del. Code tit. 12, § 2308Verified Oct 11, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsDel. Code tit. 12, §§ 4501, 4520Verified Sep 15, 2026View source of age. Delaware taxes income30 Del. C. § 1102; § 1108Verified Sep 20, 2026View source at a top rate of 6.6%30 Del. C. § 1102; § 1108Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: ordinary income tax at the state's regular rates30 Del. C. § 1102(a)(14) (graduated 2.2%–6.6% individual income tax)Verified Sep 15, 2026View source.