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Home→Tools→Trust or Will Decision Tool→Delaware

Should You Get a Trust or a Will in Delaware?

Compare probate costs, trust administration fees, and digital signing options for your state.

Frequently Asked Questions

Delaware uses reasonable compensation for probate fees, typically 2-4% of the estate value.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 entirely and distributes assets faster than the 6-12 month probate timeline.

Probate in Delaware typically costs 2-4% of the estate value in 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 revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Delaware probate calculator.

No. A will must go through probate in Delaware. However, estates with personal property under $30,000 may qualify for Distribution Without Letters, which is faster and less expensive than full probate.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

Simple estates in Delaware typically take 6-12 months through probate. Complex or contested estates 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.

Yes. A will becomes a public court record once it enters probate in Delaware. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.

Use the Delaware probate calculator to estimate attorney fees, executor fees, court costs, and the probate timeline.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

Whether a trust is cost-effective depends on estate size, property types, and Delaware's probate costs. The Delaware trust need assessment evaluates these factors against your specific situation.

Trust vs Will in Delaware

The will route in Delaware pays attorney fees on a reasonable-compensation basis, 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 negotiation room, but probate still takes time. The trust route is a higher upfront effort (the trust has to be funded), in exchange for skipping that fee entirely. The Delaware probate calculator shows the dollar gap on your estate size; the Delaware will cost calculator covers what each provider charges to draft the will itself.

Delaware's $30,000§ 2306Verified Apr 14, 2026 small-estate cap is the line where the will route really shines. Below it, probate is fast and cheap. Above it, every additional dollar of estate value translates to more attorney time and a longer timeline — both avoided by a funded trust.

Privacy is the silent feature in this comparison. Whatever Delaware probate the will route triggers ends up in public court records — including who got what. A trust handles distributions privately, which matters more for some families than the fee numbers do.

When the trust path makes sense, the Delaware revocable trust builder creates the document. The trust need tool is the size-and-circumstance check that comes before that.

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)

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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