What Do I Do When Someone Dies in Delaware?

A step-by-step checklist for the days, weeks, and months after a death, with the state's rules, deadlines, fees, and official forms noted on the steps they apply to. Free PDF.

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Delaware Executor Checklist

50 tasks to complete

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Notify immediate family members

Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.

Confirm who has authority over final arrangements

Delaware: State law sets the order of who controls disposition of remains. Order: The decedent, acting through a declaration instrument; then Surviving spouse, if not legally separated from the decedent; then Appointed personal representative or administrator of the estate (or the nominee for that office if no appointment has been made); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Arrange burial, cremation, or other disposition

Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.

Delaware: Medical examiner authorization is required before cremation. A burial or disposition permit is required, issued by Office of Vital Statistics, Delaware DHSS Division of Public Health (burial-transit permit printed and signed in DelVERS by the licensed funeral director after the death record is filed). The death certificate must be filed within 3 days. The certificate must also be filed before final disposition, so the operative deadline is whichever comes first — 3 days after death, or the burial, cremation, or natural organic reduction (Del. Code tit. 16, § 3123(a)). Typical state costs: direct cremation ~$1,700, direct burial ~$3,200, traditional funeral ~$8,500.

How many death certificates do I need?

Obtain certified death certificates

Delaware: Order from Delaware Department of Health and Social Services - Office of Vital Statistics. Fee: $25/copy. Available: online, mail, in-person.

Unsure how many death certificates you need?

Secure the residence and valuables

Change locks if necessary, ensure the home is secured, and safeguard valuable items. Review who has keys and whether security measures are needed.

Locate estate planning documents

Find the original will, trust documents, and any amendments. Check the home, safe deposit box, and contact any attorney the deceased worked with.

Determine if probate is necessary

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types.

Delaware: Small estate affidavit available for estates under $50,000. Informal (unsupervised) probate available.

Do I need probate?Estimate probate costs in your state

Arrange mail forwarding or collection

Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.

USPS death notification procedures

Notify Social Security Administration

Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.

Federal: Timing: As soon as possible after death — payments for the month of death and later must be returned. The funeral home typically initiates the report. SSA: 1-800-772-1213.

SSA death notification procedures

Notify Medicare/Medicaid if applicable

Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.

Delaware: Medicare: No Medicare notification deadline — coverage ends with the death and CMS is notified through SSA. Deadlines that do bind the estate: a Medicare Secondary Payer demand must be repaid within 60 calendar days or interest accrues (42 CFR 411.24(h)), and any claim for services furnished before death must be filed within 12 months of the date of service.. If the deceased received Medicaid, Delaware's estate recovery program (Delaware Division of Medicaid & Medical Assistance (DMMA) — Estate Recovery) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.

Medicare/Medicaid death notification procedures Delaware Medicaid estate recovery program

Notify Veterans Affairs if applicable

If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.

Federal: Timing: No fixed deadline to report the death, but report right away to stop payments and avoid overpayment debt; accrued-benefits and substitution requests are due within 1 year of death, and non-service-connected burial allowance claims within 2 years of burial. VA: 1-800-827-1000 (select 5 to report a death); 1-800-535-1117 (national cemetery scheduling).

VA death notification and survivor benefits

Notify employer or former employer

Contact employer about final paycheck, accrued PTO, life insurance, retirement benefits, and COBRA options for survivors.

Employer benefits and pension after a death

Notify banks and financial institutions

Contact each bank and financial institution. They will freeze accounts until proper documentation is provided.

Find your bank or credit union death claim process FDIC guidance on accounts after a death

Notify insurance companies

Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.

Delaware: Divorce does not automatically revoke beneficiary designations — a former spouse named on a policy or account may still be the legal beneficiary.

Find your insurance company death claim process

Freeze credit at all three bureaus

Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.

FTC identity theft prevention for the deceased

Gather financial account statements

Collect recent statements for all bank accounts, investment accounts, retirement accounts, and any other financial accounts.

What are my personal items worth for probate?

Gather real estate documents

Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.

Delaware: Delaware allows Transfer on Death (TOD) deeds. Check the county recorder's office to see if a TOD deed was recorded -- if so, the property transfers outside probate.

What is a Transfer on Death deed?

Gather recent tax returns

Locate the last 3-5 years of federal and state income tax returns. These help identify income sources, assets, and deductions.

Do I have to file tax returns for someone who died?IRS procedures when someone dies

Obtain an EIN for the estate

Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.

Apply for an estate EIN IRS procedures when someone dies

Open the estate with the appointing office

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond.

Delaware: Statewide form: Petition to Act as Personal Representative. Bring the completed forms to a qualification appointment with the Register of Wills; there is no petition filed with a court. Counties may require additional local forms. Filing fees vary by estate value. Informal probate available. Typical duration: 12-18 months.

Can I self-file probate?Petition to Act as Personal Representative (official form)

Obtain letters testamentary or administration

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.

Delaware: Letters Testamentary are issued by the Register of Wills of the county (New Castle, Kent, or Sussex), after the will is proved / petition is granted; contested matters go to the Court of Chancery. The state's title for the role is Personal Representative (executor if testate, administrator if intestate). Typically brought to the appointment: Original will and any codicils (proved before the Register of Wills); Certified copy of the death certificate (Kent requires the original certified copy and returns it after scanning; 12 Del. C. § 2309 separately requires a certified copy be filed where the decedent held an interest in real property); Completed county Petition to Act as Personal Representative (sworn before the Register); Completed county Case Information Sheet / Worksheet; Apostille, where the will or death certificate was issued outside the United States; Oath of the executor/administrator (subscribed; § 1509); Renunciation forms from any equal- or higher-priority persons who decline to serve (intestate; § 1505); Bond only if required by the will or ordered by the Court of Chancery (not required by default; § 1522); Irrevocable power of attorney filed with the Register if the representative is a nonresident (§ 1506).

Post surety bond if required

If the court requires a bond, obtain a surety bond from an insurance company. The bond protects beneficiaries from executor misconduct.

Delaware: Bond generally not required. Typical premium: 0.5% of estate value.

Open an estate bank account

Open a dedicated checking account for the estate using the EIN and letters testamentary. All estate income and expenses flow through this account.

Consider hiring a probate attorney

For complex estates or if unfamiliar with probate, hiring an attorney is common. Many states allow statutory attorney fees.

Delaware: Attorney fees typically 2.7-4.3% of estate.

Find a probate attorney in your state Can I self-file probate instead?

Publish notice to creditors

Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.

Delaware: Delaware requires publication for 3 consecutive weeks. Typical cost: $120. The court or clerk arranges the newspaper publication after appointment; the executor does not place the notice directly. Creditors have 8 months from the date of death to file claims.

What are the creditor claim deadlines?

Inventory digital accounts and assets

Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.

Delaware: Delaware has adopted digital asset access laws (2015). Fiduciaries may access digital assets without specific authorization.

Digital assets guide

Search for unclaimed property and lost assets

Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.

Delaware: Search Delaware Office of Unclaimed Property (Department of Finance) for forgotten accounts, refunds, and uncashed checks owed to the deceased.

Delaware Office of Unclaimed Property (Department of Finance) unclaimed property search

Manage real estate

Maintain property, continue paying mortgage and taxes, arrange for property management if needed, and prepare for sale or transfer.

Estimate probate costs for real estate

Review and manage investments

Review investment accounts, decide whether to maintain or liquidate positions, and manage accounts prudently during administration.

Find your brokerage death claim process SEC guidance on accounts after a death

Handle retirement accounts

Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.

Delaware: Divorce does not automatically revoke beneficiary designations — a former spouse named on a policy or account may still be the legal beneficiary.

Find your retirement provider death claim process Are my beneficiary designations protected?

Identify and list all debts

Create a comprehensive list of all debts including credit cards, loans, mortgages, and any other obligations.

What are the creditor claim deadlines?CFPB guidance on debts after a death

Cancel subscriptions and memberships

Cancel recurring charges for subscriptions, memberships, and services no longer needed.

Managing digital accounts after a death

File inventory with the court

Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.

Delaware: Inventory due within 90 days of appointment. You set the fair-market values yourself; no independent appraiser is required. Supplemental inventory required for assets discovered after the initial filing. If the personal representative diligently inquires and can find no goods or chattels of the decedent, an affidavit of that fact (certified by the Register of Wills) excuses delivering an inventory. This is a no-assets excuse, not a general waiver.

What are my personal items worth for probate?

Review and respond to creditor claims

Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.

Delaware: After a claim is rejected, the creditor has 90 days to sue on it. If the estate cannot pay every claim, payment order: Surviving spouse’s allowance; then Funeral expenses; then Child support arrears or retroactive support due at death; then remaining claims in statutory order.

What are the creditor claim deadlines?

Wait for creditor claim period to expire

Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.

Delaware: Creditor claim period is 8 months from the date of death. All claims are barred 10 years after death regardless of notice.

What are the creditor claim deadlines?

Transfer vehicle titles

Transfer ownership of vehicles to beneficiaries or the estate. Contact the state DMV with a death certificate and title documents.

Delaware: Delaware titles can carry a Transfer-on-death beneficiary designation (certificate of title in transfer-on-death form) (21 Del. C. § 2304). Check the title for a TOD or beneficiary designation — a designated vehicle passes directly to the named beneficiary outside probate. Titles are processed by the Delaware Division of Motor Vehicles (Department of Transportation).

What are my personal items worth for probate?Delaware Division of Motor Vehicles (Department of Transportation) — TOD designation information

File final personal income tax return

File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.

Delaware: File PIT-RES for January 1 through date of death. Due April 30 following year of death (30 Del. C. § 1168). File PIT-RES (resident) or PIT-NON (nonresident). Per the Division of Revenue PIT-RES instructions ("Deceased Taxpayers," p. 11): "When filing a return for a decedent, write DECD after the decedent's first name on Page 1." If there is a surviving spouse, the survivor is listed first and the decedent's data is entered under the spouse fields. "PIT-CFR must be completed if the check of the deceased taxpayer is to be issued to the estate." Delaware does NOT use the federal convention of writing "DECEASED" and the date of death across the top of the return. 30 Del. C. § 1163(1): the return "shall be made and filed by an executor, administrator or other person charged with the care of the decedent's property. A joint or separate final return of a decedent shall be due when it would have been due if the decedent had not died."

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1040 (Federal)IRS Free File PIT-RES (Delaware)Delaware Online Filing

File estate/trust income tax return

If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.

Delaware: File FID-TAX for estate/trust income. Required when A resident estate or trust must file if it (1) is required to file a federal income tax return for the taxable year (or would be if the § 1106 additions were included in its federal gross income) AND (2) has not distributed, or set aside for distribution, to nonresident beneficiaries its entire federal taxable income as modified by § 1106 — 30 Del. C. § 1605(b)(1)a. A nonresident estate or trust files if it meets the federal-return test and has income from sources within Delaware — § 1605(b)(1)b. The FID-TAX instructions add a third trigger: any resident or nonresident estate/trust with income from an S corporation or other pass-through entity derived from Delaware sources. (The federal filing trigger for an estate is $600 of gross income — IRC § 6012(a)(3).). Due April 30 (calendar year); thirtieth day of the fourth month after the taxable year ends — 30 Del. C. § 1605(b)(3). Fiduciary income is taxed at the individual rates — 30 Del. C. § 1631: "The tax imposed by Chapter 11 of this title on individuals shall apply to the taxable income of estates and trusts." A resident estate or trust deducts federal taxable income set aside for future distribution to nonresident beneficiaries (30 Del. C. § 1636), so Delaware does not tax trust income accumulated for nonresident beneficiaries. Automatic extension to October 15 via Form FID-EXT, which must be filed by the original April 30 due date along with payment of any balance due (FID-TAX instructions). Estimated payments via Form FID-EST. Underpayment/late payment accrues interest at 0.5% per month (FID-TAX instructions).

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1041 (Federal)FID-TAX (Delaware)

Determine if estate tax return is required

For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.

Delaware: No state estate or inheritance tax. Only federal Form 706 applies if estate exceeds the federal exemption ($15,000,000).

How much are estate and inheritance taxes?IRS procedures when someone dies IRS Form 706 (Federal)Form 4768 (Extension)

Obtain tax clearance if required

Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.

Delaware: No tax clearance certificate is required and no Delaware estate-tax return exists. The estate tax (30 Del. C. ch. 15, §§ 1501-1507) was repealed outright by 81 Del. Laws, c. 52, § 1 (HB 16, 149th General Assembly), effective for estates of decedents dying after December 31, 2017. The inheritance tax (30 Del. C. ch. 13) was repealed by 71 Del. Laws, c. 353, § 10, effective January 1, 1999. One filing does survive the repeal: where the decedent owned Delaware real property, 12 Del. C. § 2304(b) still requires the personal representative to file an affidavit in a form approved by the Director of Revenue with the Register of Wills of each county in which that property is located. That affidavit clears the real property record; it is not a revenue clearance the estate must obtain before distributing.

Do I have to file tax returns for someone who died?

Determine your executor commission

An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.

Delaware: Executor compensation must be reasonable (no fixed statutory schedule). States that do set a schedule pay 2.2%–3.8% of an estate this size. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.

How much can an executor charge?

Prepare distribution plan

Create a detailed plan for distributing assets according to the trust terms, will provisions, or intestate succession laws.

Who inherits without a will?

Notify beneficiaries of proposed distribution

Provide beneficiaries with a proposed distribution and accounting before making distributions.

I'm inheriting - what do I need to know?

Handle specific bequests

Distribute specific items (jewelry, heirlooms, etc.) to named beneficiaries as specified in the will or trust.

What are my personal items worth for probate?

Obtain receipts and releases from beneficiaries

Have beneficiaries sign receipts acknowledging distributions. Releases from liability are also commonly obtained.

Distribute assets to beneficiaries

Transfer assets to beneficiaries according to the distribution plan. Keep detailed records of all distributions.

Prepare final accounting

Create a detailed accounting showing all assets, income, expenses, and distributions. This may be required by the court or beneficiaries.

File final accounting with the court

Submit the final accounting to the probate court for approval. This is required before the estate can be formally closed.

Can I self-file probate?

Petition to close the estate

File a petition with the court to formally close the estate once all duties are complete.

Estate closing forms

Retain records for required period

Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.

I understand this is general guidance only and requirements vary by state. I will verify all requirements with my state's probate court.I understand this checklist is not legal advice; a licensed attorney handles legal questions.Send me helpful estate planning resources and updates

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This checklist provides general guidance for estate settlement. Requirements vary by state and circumstance. Consult a licensed attorney for legal advice.Data verified 2026-09-15

Frequently Asked Questions

Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy. Order from Delaware Department of Health and Social Services - Office of Vital Statistics. Fee: $25/copy. Available: online, mail, in-person.

State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: The decedent, acting through a declaration instrument; then Surviving spouse, if not legally separated from the decedent; then Appointed personal representative or administrator of the estate (or the nominee for that office if no appointment has been made); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $50,000. Informal (unsupervised) probate available.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. Statewide form: Petition to Act as Personal Representative. Bring the completed forms to a qualification appointment with the Register of Wills; there is no petition filed with a court. Counties may require additional local forms. Filing fees vary by estate value. Informal probate available. Typical duration: 12-18 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Letters Testamentary are issued by the Register of Wills of the county (New Castle, Kent, or Sussex), after the will is proved / petition is granted; contested matters go to the Court of Chancery. The state's title for the role is Personal Representative (executor if testate, administrator if intestate). Typically brought to the appointment: Original will and any codicils (proved before the Register of Wills); Certified copy of the death certificate (Kent requires the original certified copy and returns it after scanning; 12 Del. C. § 2309 separately requires a certified copy be filed where the decedent held an interest in real property); Completed county Petition to Act as Personal Representative (sworn before the Register); Completed county Case Information Sheet / Worksheet; Apostille, where the will or death certificate was issued outside the United States; Oath of the executor/administrator (subscribed; § 1509); Renunciation forms from any equal- or higher-priority persons who decline to serve (intestate; § 1505); Bond only if required by the will or ordered by the Court of Chancery (not required by default; § 1522); Irrevocable power of attorney filed with the Register if the representative is a nonresident (§ 1506).

After a Death in Delaware

Estate settlement in Delaware begins with determining whether probate is required. Estates under $50,000 may qualify for simplified procedures that avoid formal court involvement. For larger estates, probate provides a structured process for resolving debts and distributing assets.

The 8 months creditor claim period in Delaware is a key factor in the settlement timeline. No final distribution should occur until this period expires. Simple estates close in 9 months to 12 months from the date of filing.

Delaware does not require an executor bond by default. The bond can be waived through a provision in the will, reducing upfront costs. The executor is responsible for managing estate expenses, filing tax returns, and providing a final accounting to the court and beneficiaries. Delaware provides a family allowance for eligible survivors during administration, up to $7,500 (Del. Code tit. 12, § 2308).

Estate settlement expenses in Delaware include attorney fees, executor fees, court costs, and creditor notice publication — about $35,229 on a $500,000 estate. Estates held in a revocable living trust avoid probate entirely and settle in weeks rather than months.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from Delaware statutes and official state code. How we research.

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Prepare the creditor notice for an estate — the official state form or a notice typeset to statute, plus mailed notices for known creditors.

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Decline an appointment as executor — the writing filed with the court, drafted to your state's rule, with its deadline and filing office.

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Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.

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Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.

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