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Home→Tools→Post-Death Tax Filing Guide→Delaware

How Do I File Taxes for a Deceased Person in Delaware?

Find out which tax returns you need to file after someone dies. See state-specific forms, deadlines, and whether tax clearance is required.

Frequently Asked Questions

At minimum, a final federal income tax return (Form 1040) and a final Delaware income tax return (PIT-RES) must be filed for income earned through the date of death.30 Del. C. §§ 1163, 1168, 1605; 81 Del. Laws, c. 52Verified Apr 18, 2026 If the estate earns income during administration, a federal fiduciary return (Form 1041) and Delaware fiduciary return (FID-TAX) may also be required.

The final federal and Delaware income tax returns are due april 30 following year of death (30 del. c. § 1168).30 Del. C. §§ 1163, 1168, 1605; 81 Del. Laws, c. 52Verified Apr 18, 2026 The fiduciary return is due april 30 (calendar year); 30th day of 4th month after fiscal year end — 30 del. c. § 1605(c).

No. No tax clearance required. Delaware estate tax repealed effective January 1, 2018 (81 Del. Laws, c. 52, § 1). Inheritance tax repealed effective January 1, 1999 (71 Del. Laws, c. 353, § 10). Former clearance mechanisms under 12 Del. C. §§ 2304–2305 are inoperative.30 Del. C. §§ 1163, 1168, 1605; 81 Del. Laws, c. 52Verified Apr 18, 2026 All tax obligations must be satisfied before making final distributions.

Yes. Estate size does not affect the requirement to file a final income tax return. A final Form 1040 is required regardless of estate value if the deceased had income. What smaller estates typically avoid is the federal estate tax return (Form 706).

The executor named in the will (or the court-appointed administrator) is responsible for filing the final income tax return and any estate tax returns. If the deceased was married, the surviving spouse can file a joint federal return for the year of death. For trust assets, the successor trustee handles fiduciary tax returns. The Delaware executor checklist covers all filing responsibilities in order.

No. Delaware does not impose a state estate tax or inheritance tax. The primary tax filings after death are income tax related (final return and, if applicable, estate income tax return). See how Delaware compares with the death tax calculator.

Tax Filing After Death in Delaware

After a death in Delaware, both federal and state tax returns must be filed. A final income tax return covers the deceased's income through the date of death, and a separate fiduciary return may be needed if the estate earns income during administration.

With no state estate or inheritance tax, tax filing after death in Delaware focuses on income tax obligations. This is a significant advantage compared to the handful of states that impose death taxes.

Filing deadlines depend on the type of return. Final income tax returns are generally due April 15 of the year following death. Estate tax returns, where applicable, are typically due nine months after the date of death. The Delaware executor checklist tracks all deadlines in order.

Delaware Estate Planning Resources

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

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Inheritance

Inheritance

Inheriting assets brings responsibility. How to manage, protect, and plan for inherited wealth — including tax implications and trust options.

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