Delaware Statewide Probate Guide

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.

Where Probate Happens

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.

Recent Change: The Small Estate Threshold Just Increased

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:

Decedent died before June 10, 2026: the $30,000 threshold applies.
Decedent died on or after June 10, 2026: the $50,000 threshold applies.

Step 1: Does The Estate Qualify For The Small Estate Affidavit?

Small Estate Affidavit (12 Del. C. § 2306)

Applies to the decedent’s solely-owned personal property – the decedent must not have owned any Delaware real estate solely in their own name.
Total value of the personal property must not exceed the applicable threshold ($30,000 or $50,000, depending on date of death).
At least 30 days must have passed since the death.
The affidavit can also be used to transfer ownership of motor vehicles, trailers, and boats directly.
Filed with – and issued by – the Register of Wills Office in the relevant county; it isn’t presented directly to a bank the way some other states’ affidavits are.
Eligible to file: the named executor in the will (if not disqualified under § 1508) or the decedent’s next of kin.
Delaware doesn’t have a separate “summary probate” – the small estate affidavit is the only simplified alternative to full probate.

STEP 2: FULL PROBATE ADMINISTRATION (for estates above the threshold or that include Delaware real estate)

File the necessary opening documents – including the will, if one exists – with the Register of Wills in the county where the decedent lived.
The Register of Wills appoints a personal representative.
Prepare an inventory of estate assets.
Publish notice to creditors and handle claims.
File an accounting, pay debts and expenses, and distribute the remaining estate.
If the decedent owned real property outside Delaware, a separate ancillary probate proceeding is required in that other state – Delaware’s Register of Wills has no authority there.

Costs

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.

Timeline

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.

Taxes

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.

Where This Guide Fits

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.