How Do I Get Appointed as Executor in Delaware?
See the appointing court, the petition that opens the estate, what to file, and bond rules to be appointed in your state.
Frequently Asked Questions
In Delaware, you qualify in person before Register of Wills rather than filing a petition — you bring the original will and the required intake forms to an appointment with the clerk. Register of Wills of the county issues Letters Testamentary or Letters of Administration when the representative qualifies.
Along with the application, Delaware generally requires: Original will and any codicils (proved before the Register of Wills); Certified copy of the death certificate (Kent requires the original certified copy and returns it after scanning; 12 Del. C. § 2309 separately requires a certified copy be filed where the decedent held an interest in real property); Completed county Petition to Act as Personal Representative (sworn before the Register); Completed county Case Information Sheet / Worksheet; Apostille, where the will or death certificate was issued outside the United States; Oath of the executor/administrator (subscribed; § 1509); Renunciation forms from any equal- or higher-priority persons who decline to serve (intestate; § 1505); Bond only if required by the will or ordered by the Court of Chancery (not required by default; § 1522); Irrevocable power of attorney filed with the Register if the representative is a nonresident (§ 1506).
Delaware does not require a bond by default before Letters issue, though the court can order one.
Delaware permits self-represented filers to open an estate. The Self-File Probate Assessment compares self-filing and attorney costs for Delaware.
Yes. A revocable living trust passes assets to beneficiaries without any court appointment in Delaware — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.
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More tools for settling this estate
Calculators and checklists for navigating probate and estate administration.
Petition for Probate and Letters
Prepare the application to open probate and request Letters Testamentary or of Administration.
Notice to Creditors
Prepare the creditor notice for an estate — the official state form or a notice typeset to statute, plus mailed notices for known creditors.
Small Estate Affidavit
Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.
Estate Inventory
Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.
Estate Closing
Prepare the paperwork that closes the estate — the state's closing statement, petition for discharge, or final account, with the state's closing instructions and the optional federal forms.
Letter of Instruction
Prepare the letter of instruction a bank or insurer requests during estate settlement.
How Much Does Probate Cost?
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
How Much Can an Executor Charge?
Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.
Who Inherits Without a Will?
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
How Many Death Certificates Do I Need?
Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.
Do I Need Probate?
Answer a few questions to find out if an estate needs full probate, qualifies for simplified probate, or can avoid probate entirely with a small estate affidavit.
Hire a Delaware Probate Attorney
Browse 77 probate firms in Delaware with addresses, contact info, and practice details.
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Delaware Estate Planning Resources
In-depth guides covering Delaware probate laws, trust requirements, and estate planning strategies.