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Home→Tools→Executor Duties Checklist→Delaware

What Does an Executor of a Will Do in Delaware?

Step-by-step guide for executors and personal representatives navigating probate. This checklist applies whether there was a will or not.

Frequently Asked Questions

An executor (or personal representative) in Delaware is responsible for filing the will with the probate court, inventorying and appraising assets, notifying creditors, paying debts and taxes, and distributing remaining property to beneficiaries. The executor has a fiduciary duty to act in the best interest of the estate and its beneficiaries.

The probate petition filing fee in Delaware starts at approximately $30.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 Additional fees may apply for certified copies, recording fees, and publication of notice to creditors.

Delaware requires the executor to publish notice to creditors in a local newspaper. Known creditors should also receive direct written notice. Creditors have 8 months to file claims.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 The executor is personally liable for distributions made before the claim period expires if valid claims go unpaid.

Delaware allows estates valued at $30,000 or less to use a Distribution Without Letters.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 The waiting period is 30 days after death. This avoids the need for formal probate and significantly reduces time and cost.

Delaware allows executors to receive reasonable compensation.12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Apr 14, 2026 Typical executor fees range from 2% to 4% of estate value. Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the Delaware executor fee calculator.

Probate costs in Delaware include court filing fees, attorney fees, executor compensation, publication costs, and potentially a surety bond. Total costs generally range from 3-8% of the estate value depending on complexity. The Delaware probate calculator provides a detailed cost estimate based on estate value.

Executor Duties in Delaware

The first step as executor in Delaware is filing the will and petition for probate with the court. Filing fees start at $30 - $1,905 (based on estate value)Del. Code tit. 12, § 2510Verified Apr 14, 2026. Once appointed, the court issues letters testamentary (or letters of administration if there is no will), which authorize the executor to act on behalf of the estate.

Delaware requires 8 months12 Del. C. § 2102 (8 months from death for pre-death claims; 6 months for post-death claims)Verified Apr 14, 2026 for creditors to file claims. During this period, the executor inventories assets, pays valid debts, and manages estate property. Estates under $30,000§ 2306Verified Apr 14, 2026 may qualify for streamlined procedures that reduce both time and expense.

Executor compensation in Delaware typically ranges from 2%12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Apr 14, 2026 to 4%12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Apr 14, 2026 of the estate value. Courts evaluate fees based on estate complexity and time spent. The Delaware executor fee calculator provides a detailed estimate.

The probate timeline in Delaware starts at 6 monthsdelcode.delaware.gov: 12 Del. C. § 2305Verified Apr 14, 2026 for straightforward estates. A revocable living trust avoids this timeline altogether — assets transfer to beneficiaries without court involvement. For estates in probate, the Delaware creditor claims guide outlines key deadlines.

SimplyTrustSimplyTrust Editorial·Updated April 14, 2026

Legal Sources

  • § 2306
  • 12 Del. C. § 2102 (8 months from death for pre-death claims; 6 months for post-death claims)
  • 12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)
  • Del. Code tit. 12, § 2510
  • 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.

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