Skip to main content
SimplyTrust
SimplyTrust
Create a TrustNewForms & ToolsFreeResourcesStates
LoginGet started
Company
AboutCareersContactFormsCreate a TrustNew
Privacy PolicyTerms of ServiceSecurityAI Access

© 2026 SimplyTrust Software Inc.

SimplyTrust Logo

Every family deserves a plan. We'll help.

Get startedApp StoreGoogle Play

Forms

  • Revocable Trust
  • Last Will
  • Pour-Over Will
  • Healthcare Proxy
  • Financial POA
  • Transfer on Death Deed

Tools

  • Trust vs Will
  • Probate Calculator
  • Who Inherits
  • Estate Settlement
  • Death Tax Calculator
  • Life Insurance

Learn

  • Revocable Living Trusts
  • Last Will and Testaments
  • Articles
  • State Guides
  • Estate Law
  • Life Events

Directories

  • Law Firms
  • Financial Assets
  • Digital Assets
  • Government Agencies

Company

  • About
  • Careers
  • Contact
  • Create a Trust

SimplyTrust is not a law firm and does not provide legal advice, legal counsel, or attorney review. Information on this platform is for general informational purposes only. Use of SimplyTrust does not create an attorney-client relationship. You are solely responsible for all documents you create. For advice tailored to your circumstances, consult a licensed attorney in your state.

© 2026 SimplyTrust Software Inc. All rights reserved.

Privacy Policy·Terms of Service·Security··AI Access

All content, data, and calculations are proprietary. Automated scraping, systematic downloading, or data extraction is prohibited under our Terms of Service. Product visuals are simulated for illustrative purposes and may differ from actual experience. Logos provided by Logo.dev.

A will is a wish. A trust is a plan.

Create and manage your trust online.

How it works

No probate. No public record. No court.

Estate Ledger

Every decision signed, timestamped, and hashed

Pricing

Simple, transparent pricing

Download

Get the app on iOS and Android

Home→Tools→Trust Need Assessment→Delaware

Do I Need a Trust in Delaware?

Find out if a revocable living trust makes sense in Delaware based on your estate value, property, and family situation. Free assessment with probate cost estimates.

Frequently Asked Questions

It depends on your estate size. Delaware allows simplified probate for estates under $30,000.delcode.delaware.gov: 12 Del. C. § 2305 (commissions & attorney fees per Court of Chancery rules), § 2306 (distribution without letters / small estate), § 2308 (surviving spouse $7,500 allowance), § 2101 (creditor notice & publication), § 2102 (creditor claims 8-month bar), § 1522 (bond not required by default), § 1523 (bond amount), § 1524 (demand for bond), § 2510 (county-set filing fees). Verified 2026-04-14.Verified Apr 14, 2026 Above that threshold, probate takes 6-12 months and costs 3-8% of the estate. A trust avoids probate entirely.

Delaware uses reasonable compensation for probate fees, typically 2-4% of the estate value for attorney fees alone.12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Apr 14, 2026 A trust avoids probate costs entirely. See a detailed breakdown with the Delaware probate calculator.

Estates with personal property under $30,000 may qualify for Distribution Without Letters in Delaware.delcode.delaware.gov: 12 Del. C. § 2305 (commissions & attorney fees per Court of Chancery rules), § 2306 (distribution without letters / small estate), § 2308 (surviving spouse $7,500 allowance), § 2101 (creditor notice & publication), § 2102 (creditor claims 8-month bar), § 1522 (bond not required by default), § 1523 (bond amount), § 1524 (demand for bond), § 2510 (county-set filing fees). Verified 2026-04-14.Verified Apr 14, 2026 This process is faster and less expensive than full probate, but a trust still avoids it entirely.

Simple estates in Delaware typically take 6-12 months through probate. Complex estates with disputes or multiple properties can take 18-36 months or longer.delcode.delaware.gov: 12 Del. C. § 2305 (commissions & attorney fees per Court of Chancery rules), § 2306 (distribution without letters / small estate), § 2308 (surviving spouse $7,500 allowance), § 2101 (creditor notice & publication), § 2102 (creditor claims 8-month bar), § 1522 (bond not required by default), § 1523 (bond amount), § 1524 (demand for bond), § 2510 (county-set filing fees). Verified 2026-04-14.Verified Apr 14, 2026 A revocable trust avoids probate entirely, with assets typically distributed within weeks.

A properly funded revocable trust in Delaware avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 6-12 month minimum probate timeline. Assets in the trust transfer directly to beneficiaries.

A will goes through probate in Delaware; a trust does not. Probate adds cost, time, and public disclosure. Compare the full trade-offs with the Delaware trust vs. will comparison.

The Delaware probate calculator estimates attorney fees, executor fees, court costs, and the probate timeline based on Delaware statutes and your estate value.delcode.delaware.gov: 12 Del. C. § 2305 (commissions & attorney fees per Court of Chancery rules), § 2306 (distribution without letters / small estate), § 2308 (surviving spouse $7,500 allowance), § 2101 (creditor notice & publication), § 2102 (creditor claims 8-month bar), § 1522 (bond not required by default), § 1523 (bond amount), § 1524 (demand for bond), § 2510 (county-set filing fees). Verified 2026-04-14.Verified Apr 14, 2026

Do You Need a Trust in Delaware?

Attorney fees in Delaware are based on reasonable compensation, typically 2%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Apr 14, 2026 to 4%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Apr 14, 2026 of the estate. There's room to negotiate, but the cost still comes out of the estate. A trust avoids these fees entirely, regardless of estate size — see the calculator for Delaware-specific numbers via the probate calculator.

Estates under $30,000§ 2306Verified Apr 14, 2026 in Delaware qualify for the small-estate affidavit, which means a trust isn't strictly necessary at that size. Above the threshold, the calculus changes: probate fees, the 6 monthsdelcode.delaware.gov: 12 Del. C. § 2305Verified Apr 14, 2026-12 monthsdelcode.delaware.gov: 12 Del. C. § 2305Verified Apr 14, 2026 timeline, and public record exposure all start to matter.

If the math comes out in favor of a trust, the Delaware revocable trust builder handles the document. To weigh it directly against a will-based plan, use the Delaware trust or will tool.

SimplyTrustSimplyTrust Editorial·Updated April 14, 2026

Legal Sources

  • § 2306
  • 12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)
  • delcode.delaware.gov: 12 Del. C. § 2305

Data sourced from Delaware statutes and official state code. How we research.

Delaware Estate Planning Resources

In-depth guides covering Delaware probate laws, trust requirements, and estate planning strategies.

Is this your situation?

Get a complete guide for your specific circumstances.

New Baby or Adoption

New Baby or Adoption

Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.

Learn more
Marriage

Marriage

Starting a life together means planning for it. Beneficiary updates, asset titling, powers of attorney, and what blended families need to know.

Learn more