What Is the Estate's Personal Property Worth for Probate in Delaware?
Estimate the fair market value of household items for the Delaware estate inventory — what furniture, electronics, and appliances would sell for today, not what was paid.
Personal property in Delaware is valued at fair market value: what the item would sell for on the open market as of the date of death, not what it cost. Most household goods (furniture, electronics, clothing) resell for a small fraction of their purchase price. Art, collectibles, jewelry and other high-value items are valued by a professional appraisal. Delaware lets the executor value most property without a formal appraisalDel. Code tit. 12, §§ 1904, 1905, 1908, 1910Verified Sep 15, 2026View source, though a valuable item still warrants a qualified appraiser.
No. An executor in Delaware can group low-value household goods into a single inventory line, such as "household furnishings and personal effects", while jewelry, art, vehicles and collectibles are listed individually. Each value is fair market value as of the date of death.
In Delaware, the executor files the estate inventory within 90 daysDel. Code tit. 12, §§ 1904, 1905, 1908, 1910Verified Sep 15, 2026View source of appointment. Delaware requires a supplemental inventory for assets discovered laterDel. Code tit. 12, §§ 1904, 1905, 1908, 1910Verified Sep 15, 2026View source.
In Delaware, estates with personal property of $50,000delcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source or less skip probate with the Distribution Without Lettersdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source, 30 daysdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source after death. The test is the value of the personal property, so an inventory at fair market value is what decides eligibility.
High-value items such as art, antiques, jewelry and collectibles are appraised by a qualified professional, while ordinary household items (furniture, electronics, appliances, clothing) are valued from comparable sales. Delaware lets the executor value most property without a formal appraisalDel. Code tit. 12, §§ 1904, 1905, 1908, 1910Verified Sep 15, 2026View source, though a valuable item still warrants a qualified appraiser.
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Forms for Settling an Estate in Delaware
Free forms for settling an estate in Delaware: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Renunciation of Executor
In Delaware, a person named as personal representative may renounce the right to serveKent County Register of Wills Forms Library (Renunciation Form, Rev. 9.11.2025); 12 Del. C. § 1502(b)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Delaware, the Distribution Without Lettersdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source covers estates with personal property of $50,000delcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source or less, 30 daysdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
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.
Estate Closing
In Delaware, the personal representative is discharged by court order12 Del. C. §§ 2302(d), 2303(a), 2335, 2338(a)Verified Sep 15, 2026View source, and a final accounting is required.
Tools for Settling an Estate in Delaware
Free tools for settling an estate in Delaware: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Much Can an Executor Charge?
Delaware pays executors reasonable compensation12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
Can I Self-File Probate?
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.
How Do I Get Appointed as Executor?
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.
What Are the Creditor Claim Deadlines?
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.
What Happens When an Estate Is Insolvent?
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.
How Do I Open an Estate Account When Someone Dies?
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
How Much Does Probate Cost?
Probate on a $500,000 estate in Delaware costs an estimated $35,22912 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 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 under a reasonable-compensation standard.
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Delaware Estate Settlement Resources
In-depth guides covering Delaware probate, estate administration, and settling an estate.