How Do I Get a Death Certificate in Delaware?
In Delaware, 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; the first copy costs $25Delaware Department of Health and Social Services - Office of Vital StatisticsVerified Oct 15, 2026View source.
In Delaware, each certified copy costs $25Delaware Department of Health and Social Services - Office of Vital StatisticsVerified Oct 15, 2026View source. Copies ordered together cost less than separate orders placed later. The Delaware estate settlement plan lists the accounts and institutions that each want a certified copy.
Death certificates in Delaware are issued by 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. Online orders go through VitalChekDelaware Department of Health and Social Services - Office of Vital StatisticsVerified Oct 15, 2026View source. Most funeral homes also place the first order for the family at the time of death.
Processing times in Delaware vary; 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 publishes the current turnaround. A funeral home's order at the time of death usually arrives first.
In Delaware, a certified copy can be ordered by: Immediate family (proof of relationship), Legal guardian or legal representative, Genealogy requester (proof required), Others who show the record is needed to determine or protect their personal or property rightsDelaware Department of Health and Social Services - Office of Vital StatisticsVerified Oct 15, 2026View source. A requester shows Copy of valid photo ID (driver's license, state ID or work ID) and Proof of relationship (e.g. birth or marriage certificate) for a spouse, parent or other relativeDelaware Department of Health and Social Services - Office of Vital StatisticsVerified Oct 15, 2026View source.
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 holds death records from 1986Delaware Department of Health and Social Services - Office of Vital StatisticsVerified Oct 15, 2026View source to the present. Death certificates older than 40 years (1985 and prior) are held by the Delaware Public Archives: call (302) 744-5000; certified copies are $25.00 per certificate. A record becomes public 40 yearsDelaware Department of Health and Social Services - Office of Vital StatisticsVerified Oct 15, 2026View source after the date of death.
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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.
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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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Named as Trustee
Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.
Learn moreForms for Settling an Estate in Delaware
Free forms for settling an estate in Delaware: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Renunciation of Executor
In Delaware, a person named as personal representative may renounce the right to serveKent County Register of Wills Forms Library (Renunciation Form, Rev. 9.11.2025); 12 Del. C. § 1502(b)Verified Sep 23, 2026View source before anyone is appointed.
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.
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 inheritance taxes.
Do I Need Probate?
In Delaware, estates with personal property of $50,000delcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source or less skip probate with the Distribution Without Lettersdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source, 30 daysdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source after death.
Do I Have to File Tax Returns for Someone Who Died?
Delaware requires a final state income tax return for the decedent alongside the federal Form 104030 Del. C. § 1102; § 1108Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate 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; creditors have 8 months12 Del. C. §§ 2101, 2102, 2103, 2104, 2105, 2109Verified Sep 15, 2026View source to present claims; a simple estate closes in 9 months to 12 months.
What Do I Do When Someone Dies?
After a death in Delaware, the estate either qualifies for the simplified procedure for estates under $50,000delcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source or goes through probate, where 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 to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Delaware levies no estate or inheritance taxNo state estate or inheritance tax. Estate tax (30 Del. C. ch. 15, §§ 1501-1507) repealed outright by 81 Del. Laws, c. 52, § 1 (HB 16, 149th Gen. Assem.), effective for estates of decedents dying after Dec. 31, 2017; inheritance tax (30 Del. C. ch. 13, §§ 1301-1314) repealed by 71 Del. Laws, c. 353, § 10, effective Jan. 1, 1999; gift tax (30 Del. C. ch. 14) repealed by 71 Del. Laws, c. 130, § 1.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Delaware imposes no inheritance or estate taxNo state estate or inheritance tax. Estate tax (30 Del. C. ch. 15, §§ 1501-1507) repealed outright by 81 Del. Laws, c. 52, § 1 (HB 16, 149th Gen. Assem.), effective for estates of decedents dying after Dec. 31, 2017; inheritance tax (30 Del. C. ch. 13, §§ 1301-1314) repealed by 71 Del. Laws, c. 353, § 10, effective Jan. 1, 1999; gift tax (30 Del. C. ch. 14) repealed by 71 Del. Laws, c. 130, § 1.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 9 months to 12 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Delaware take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces 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.
Hire a Delaware Probate Attorney
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Delaware Estate Settlement Resources
In-depth guides covering Delaware probate, estate administration, and settling an estate.