Losing someone is difficult, and settling their estate shouldn’t add unnecessary confusion. This guide covers what’s consistent across Delaware – thresholds, deadlines, and costs. For your specific county’s Register of Wills address and local filing details, see that county’s page.
Delaware probate is administered through the Register of Wills in each of Delaware’s three counties: New Castle, Kent, and Sussex. Delaware has not adopted the Uniform Probate Code – it maintains its own probate statutes under Title 12 of the Delaware Code.
Delaware’s small estate threshold had been stuck at $30,000 since 2005. Governor Matt Meyer signed House Bill 333 into law on June 10, 2026, raising it to $50,000 – effective immediately, bringing Delaware in line with neighboring states like Pennsylvania and Maryland. Which threshold applies depends on the date of death:
Small Estate Affidavit (12 Del. C. § 2306)
STEP 2: FULL PROBATE ADMINISTRATION (for estates above the threshold or that include Delaware real estate)
Filing the initial petition with the Register of Wills typically costs $200-$600, varying by county. For an uncontested estate in the $100,000-$500,000 range with no real estate disputes, total probate costs (court fees, attorney fees, executor compensation, bond, publication, appraisal) commonly run $3,000-$15,000. Full formal probate with attorney involvement can range from a few hundred dollars for a very simple estate up to 5-10% of the estate’s value for a more complex one. Will contests, real estate in multiple states, or disputes between heirs can meaningfully increase costs.
Small estate affidavits can move relatively quickly once the 30-day waiting period passes. Full probate timelines vary with estate complexity; contested wills and multi-state real estate add significant time.
Delaware has no state estate tax or inheritance tax – the state repealed its estate tax, which had previously operated as a pick-up tax tied to the old federal credit. Only the federal estate tax could apply, and only to very large estates – the federal exemption is roughly $13.99 million for 2025, with periodic adjustments.
This page covers what’s consistent statewide. For your specific county’s Register of Wills address, phone number, and local filing details, visit that county’s page.