For anyone planning an estate in Delaware or settling one: what a will or trust costs, whether an estate needs probate, what executors and trustees are paid, and the taxes on an inheritance, each answered under Delaware law.
36 tools for Delaware
Probate in Delaware takes 9 months to 12 months for a simple estate and charges attorney fees of typically 2.5%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source to 3.9%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; assets held in a revocable trust skip both.
Delaware authorizes transfer on death deeds25 Del. C. Ch. 2, 201-221Verified Jul 15, 2026: a recorded, revocable deed that passes real property at death outside probate.
Delaware allows a transfer-on-death beneficiary designation on a vehicle title21 Del. C. § 2304Verified Aug 25, 2026View source, filed through the Delaware Division of Motor Vehicles (Department of Transportation) using Form MV2025.
Delaware has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal 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.
In Delaware, the Register of Wills appoints the personal representative and the Register of Wills of the county issues Letters Testamentary or Letters of Administration; an informal (registrar) track 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.
In Delaware, 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 from the date of death to present claims; late claims are barred.
When an estate owes more than it holds, Delaware pays the claims in 1212 Del. C. § 2105Verified Sep 23, 2026View source classes in statutory order, beginning with surviving spouse’s allowance.
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
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.
Estimate the fair market value of household items for probate and see how it affects fees.
In Delaware, a will-based plan pays probate attorney fees of typically 2.5%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source to 3.9%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; a funded revocable trust keeps those assets out of probate and off that fee.
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.
Settling a trust in Delaware happens outside court: the trustee acts under the state's trust statute12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Jul 15, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
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.