Probate in Delaware · 3 counties
Delaware Probate Courts
Estates here go through the Court of Chancery / Register of Wills. Pick a county on the map or search below — each record shows where to file and where every detail comes from.
Small-estate limit
$50,000
Wait 30 days
Death taxes
None
No state death tax
Executor fee
Reasonable
Reasonable fee set by the court
Handwritten wills
No
Witnesses required
Plate · DE
Every Delaware county, on one map
Population, low → high Green = county courthouse mapped in OpenStreetMap Green = probate office details checked on the court's own website courthouse probate office checked
§ I
Delaware probate rules
- Court
- Court of Chancery / Register of WillsIn Delaware, the Register of Wills in each of the 3 counties (New Castle, Kent, Sussex) conducts the probate of wills and appoints personal representatives, under the supervisory jurisdiction of the Delaware Court of Chancery.
- Small estates
- $50,000 personal property (excluding jointly owned property); not available if decedent owned Delaware real estate solely or as tenant in common12 Del. C. § 2306
- Filing the will
- Custodian must deliver will to Register of Wills within 10 days of receiving information of death (12 Del. C. § 1301)
- Creditor claims
- 8 months from date of death, or within 6 months of publication of letters12 Del. C. § 2102
- Executor fees
- Reasonable commission approved by the Register of Wills and Court of Chancery; Court Chancery Rule 192 schedule provides guidance (~2% to 5%)12 Del. C. § 2305 & Court Chancery Rule 192 · calculator
- Estate tax
- NoneDelaware estate tax was repealed effective January 1, 2018.
- Inheritance tax
- NoneNo inheritance tax in Delaware.
- Typical duration
- 9 to 14 months
- Official courts site
- courts.delaware.govCase search: Delaware Courts CourtConnect Register of Wills Portal
Re-checked Sept 2026 against: delcode.delaware.gov (statute) · law.justia.com (statute)
Need help with an estate in Delaware?
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 Delaware courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
§ II · Register
All 3 counties
Sorted by population. office checked = probate office address/phone confirmed on the court's own website. courthouse mapped = located in OpenStreetMap.
| # | County | Seat | Population | Record |
|---|---|---|---|---|
| 1 | New Castle County | Wilmington | 578,592 | office checked |
| 2 | Sussex County | Georgetown | 263,509 | courthouse mapped |
| 3 | Kent County | Dover | 189,789 | county site |
§ III
Delaware probate questions
What is the small estate affidavit limit in Delaware?
$50,000 personal property (excluding jointly owned property); not available if decedent owned Delaware real estate solely or as tenant in common (12 Del. C. § 2306). It can be used 30 days after death. Claimant must wait 30 days. Solely for personal assets under $30,000. Real estate transfers pass automatically to heirs at law or devisees by operation of law subject to debts.
How are executor and administrator fees calculated in Delaware?
Reasonable commission approved by the Register of Wills and Court of Chancery; Court Chancery Rule 192 schedule provides guidance (~2% to 5%) (12 Del. C. § 2305 & Court Chancery Rule 192). Courts can award more for extraordinary services, such as running a business or litigation.
What is the creditor claim deadline for estates in Delaware?
8 months from date of death, or within 6 months of publication of letters (12 Del. C. § 2102). Claims filed after the deadline are generally barred.
Does Delaware recognize handwritten (holographic) wills?
No — witnesses are required. Delaware does NOT recognize unwitnessed holographic wills. All wills must be witnessed by 2 credible witnesses.
Does Delaware have a state estate tax or inheritance tax?
Delaware has no state estate tax. There is no inheritance tax.