Delaware probate guide

Probate process in Delaware

Delaware probate is opened with the Register of Wills in the county of the decedent's domicile, with the Court of Chancery handling contested estates. A small-estate affidavit is available for estates of $30,000 or less in personal property and no solely-titled real estate. Delaware imposes an inventory fee that scales with estate value. Delaware does not have a real-property TOD deed statute.

Delaware probate at a glance

Court
Register of Wills; Court of Chancery for contested matters
Typical timeline
32–52 weeks
Filing fee
$50–$500
Small-estate threshold
$30,000
TOD deed allowed?
No
Bond required by default?
Yes (unless waived)
Statute
Del. Code tit. 12, §§ 1501 et seq.

Source: courts.delaware.gov. Fees and thresholds change — verify with your county court before filing.

How Delaware probate works, step by step

  1. 1File petition for letters with the Register of Wills
  2. 2Register issues letters testamentary or of administration
  3. 3Publish notice to creditors; eight-month claim period runs
  4. 4File inventory within three months; pay valid debts and taxes
  5. 5File final accounting with Register and close the estate

Probate by county in Delaware

Filing fees, court contacts, and process detail for 2 Delaware counties:

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This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed Delaware probate attorney for advice specific to your situation.