Delaware allows estates with personal property of $50,000delcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source or less to use the Distribution Without Lettersdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source, which avoids full probate administration. The Distribution Without Letters is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 30 daysdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source after death.
Probate costs in Delaware typically include attorney fees of typically 2.7%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source to 4.3%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source of the estate, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $35,22912 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source, roughly 7% of estate value, varying with complexity. Estimate executor compensation separately with the Delaware executor fee calculator.
Delaware intestacy law decides. Delaware follows separate property rules12 Del. C. § 502Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Issue of your parents; Next of kin; The State of Delaware (escheat)12 Del. C. § 502Verified Sep 10, 2026View source.
No. Delaware imposes no state estate tax and no 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 C. ch. 15, §§ 1501-1507) repealed outright by 81 Del.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 C. ch. 13, §§ 1301-1314) repealed by 71 Del.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 C. ch. 14) repealed by 71 Del.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, on an estate above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source, an exemption the One Big Beautiful Bill Act (P.L. 119-21 §70106) set permanently from 2026 and indexes for inflation.
A will in Delaware costs what the provider charges. An online service runs $0 to $299 up front. An attorney in Delaware charges around $475Clio Compare Lawyer Rates, Delaware: average lawyer hourly rate (2025 data)Verified Oct 15, 2026View source an hour for wills and estates, which puts a simple will at $1,425Estimate: 3 hours at $475, Clio's Delaware average lawyer hourly rate (no Wills and Estates rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,850Estimate: 6 hours at $475, Clio's Delaware average lawyer hourly rate (no Wills and Estates rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source. The document is only part of the cost: probate adds about $35,22912 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate in fees the heirs pay later.