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Home→Tools→Trustee Duties Checklist→Delaware

What Does a Trustee Do in Delaware?

Step-by-step guide for administering a trust after the grantor passes away. Answer a few questions to get a personalized checklist for your situation.

Frequently Asked Questions

A successor trustee in Delaware has a fiduciary duty to manage trust assets prudently, notify beneficiaries, pay debts and taxes, and distribute assets according to the trust terms.12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Apr 14, 2026 Unlike probate, trust administration is private and does not require court involvement.

Delaware requires the successor trustee to notify qualified beneficiaries of the trust's existence and the trustee's contact information within 60 days of the grantor's death.12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Apr 14, 2026 The notice typically includes the trustee's name and address, and the beneficiary's right to request trust information.

When the grantor dies, the revocable trust becomes irrevocable and requires its own EIN (Employer Identification Number) from the IRS. The trustee must file Form 1041 (U.S. Income Tax Return for Estates and Trusts) for any income earned by trust assets after the date of death. The trust may also need to file a Delaware state income tax return.

Delaware requires trustees to maintain detailed records of all trust transactions, including income, expenses, distributions, and investment decisions.12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Apr 14, 2026 Beneficiaries have the right to request accountings. Proper documentation protects the trustee from liability claims and provides transparency for beneficiaries.

Trustee compensation in Delaware is based on reasonable compensation for the services performed. Professional trustees typically charge 0.5-1.5% of trust assets annually. Individual (non-professional) trustees often reference executor fee guidelines (2-4% of estate value) as a benchmark. See the Delaware trustee compensation guide for details.

Trust administration in Delaware typically takes 6-12 months, compared to 12-18 months for average probate cases.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 Trust creditors have 8 months to file claims, compared to 8 months for probate creditor claims. Trust administration avoids court involvement, public filings, and many of the procedural delays associated with probate. See the Delaware estate settlement guide for a complete overview.

Trustee Duties in Delaware

Delaware beneficiary notice requirement: Yes12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Apr 14, 2026. The notice deadline is 60 days12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Apr 14, 2026 after the grantor's death. Delaware has its own trust code (No12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Apr 14, 2026), which governs trustee duties, beneficiary rights, and trust administration procedures.

The creditor claim period for trusts in Delaware is 8 months12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Apr 14, 2026. For comparison, probate takes 6 monthsdelcode.delaware.gov: 12 Del. C. § 2305Verified Apr 14, 2026 to 12 monthsdelcode.delaware.gov: 12 Del. C. § 2305Verified Apr 14, 2026 for simple estates. Trust administration proceeds without court supervision, which reduces delays and keeps estate details private.

The trustee's responsibilities include obtaining an EIN from the IRS, opening trust bank accounts, filing Form 1041 for trust income, retitling assets as needed, and maintaining detailed records of all transactions. Beneficiaries have the right to request accountings and trust information.

Delaware allows trustees to receive reasonable compensation for their work. See the trustee compensation guide for Delaware-specific fee ranges. When the estate includes both trust and non-trust assets, the Delaware estate settlement checklist helps coordinate both tracks.

SimplyTrustSimplyTrust Editorial·Updated April 14, 2026

Legal Sources

  • 12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)
  • 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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Named as Trustee

Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.

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