Executor Checklist for Delaware: Complete 2026 Probate Guide

Your uncle passed away last month in Wilmington. He named you executor in his will, and now you're searching the Delaware courts website trying to understand the difference between the Register of Wills and the Court of Chancery, which forms to file, and what deadlines matter. Everything you find online is either too generic or written for lawyers. You need a Delaware-specific answer.

This is your step-by-step Delaware executor checklist — every form, every deadline, every fee, specific to how Delaware probate actually works in 2026. If you're looking for a general overview of the executor role first, start with our Executor's Complete Guide to Probate and come back here for the Delaware details.

Important: This guide is for informational purposes only and does not constitute legal advice. Probate laws are complex and vary by county within Delaware. Always consult with a licensed attorney authorized to practice law in Delaware before making legal or financial decisions about an estate.

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Quick Reference: Delaware Probate Court Contact

Delaware Register of Wills Website: courts.delaware.gov/register/ Phone: (302) 255-0850 (New Castle County) Filing Fee: $75 -- $300 Small Estate Threshold: $30,000 (personal property only; real property disqualifies) Creditor Period: 8 months Community Property State: No UPC State: No State Estate/Inheritance Tax: None

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Your Delaware Executor Checklist

Step 1: Immediate Actions (First 7 Days)

Before you file anything, there are urgent tasks that protect the estate and protect you as executor.

Order death certificates. Request 10-15 certified copies from the Delaware Division of Public Health or the funeral home. Each copy costs approximately $25. Banks, insurance companies, brokerage firms, and government agencies will each want their own certified copy. Running out later means delays.

Secure the property. If the deceased owned a home, make sure it's locked, the mail is being collected, and nothing is deteriorating. Check that homeowner's insurance is current — policies can lapse quickly after a death. Delaware's coastal properties, in particular, need active insurance against storm damage. If there are vehicles, make sure they're parked safely and insured.

Locate the original will. You need the original signed document, not a copy. Check the deceased's home, their attorney's office, and any safe deposit box. In Delaware, you must file the original will with the Register of Wills within 10 days of learning of the death — this is one of the tightest deadlines in the country, so act quickly.

Notify immediate family. Let beneficiaries and close family members know you've been named executor and that you'll be managing the probate process. You don't need to share financial details yet. Setting expectations early reduces the communication burden significantly.

Gather financial records. Start collecting bank statements, investment account information, mortgage documents, credit card statements, tax returns, and insurance policies. You'll need these for the inventory and for filing taxes.

Step 2: Determine If Full Probate Is Required

Not every Delaware estate needs formal probate. Check whether a simplified procedure is available.

Small estate affidavit. If the deceased's personal property (excluding real estate) totals $30,000 or less, you may be able to transfer assets using a small estate affidavit without formal probate. Estates with real property do not qualify for the small estate affidavit regardless of total value. There's a 30-day waiting period after death before you can use the affidavit.

Assets that bypass probate. Many assets pass outside of probate — life insurance with named beneficiaries, retirement accounts with designated beneficiaries, jointly held property with right of survivorship, and payable-on-death bank accounts. Only assets without these arrangements count toward the probate estate.

Delaware's three counties matter. Delaware has only three counties — New Castle, Kent, and Sussex — and each has its own Register of Wills. While the law is the same statewide, local practices and processing times can vary. File in the county where the deceased lived.

If the estate exceeds the small estate threshold, here's how formal probate works.

Step 3: File the Will and Petition for Probate

This step officially starts the probate process in Delaware.

File the will with the Register of Wills. Delaware probate is handled by the Register of Wills, not by a judge in most cases. The Register of Wills is an elected county official who handles the administrative side of probate. File the original will, the death certificate, and a petition for probate in the county where the deceased lived.

Pay the filing fee. Delaware probate filing fees range from $75 to $300, depending on the county and estate value. This is relatively affordable compared to many states.

Receive your Letters Testamentary. Once the Register of Wills reviews and accepts the petition, you'll receive Letters Testamentary — your legal authority to act on behalf of the estate. This process is generally quick in Delaware, often completed within a few days of filing. Banks, title companies, and government agencies will all require certified copies of these letters.

Bond may be required. The Register of Wills may require you to post a bond (essentially an insurance policy protecting the estate). Delaware allows the bond to be waived if the will explicitly waives it or if all beneficiaries consent. If a bond is required, the premium is paid from estate funds.

For context on what the overall process looks like step by step, our general executor checklist covers the phases that apply in every state.

Step 4: Publish Notice and Notify Creditors

Delaware law requires you to notify creditors that probate is underway.

Publish a notice in a newspaper. You must publish a Notice to Creditors in a newspaper of general circulation in the county where the case is filed. This notice runs for 3 consecutive weeks. The newspaper handles formatting and proof of publication — you arrange it and pay for it (typically $150-350).

The creditor claim window: 8 months. Delaware has an 8-month absolute creditor bar measured from the date of death. This is one of the longer creditor periods in the country. Creditors who don't file claims within this window are permanently barred. You cannot safely distribute assets until this window closes. Understanding how debt works after someone dies will help you evaluate which claims are legitimate.

Notify known creditors directly. Mail notice to every creditor you're aware of. This is in addition to the newspaper publication and ensures that known creditors have actual notice.

Notify beneficiaries. Send formal notice to everyone named in the will and to anyone who would inherit under Delaware intestacy law if there were no will. Beneficiaries have specific legal rights, including the right to receive a copy of the will and to be kept informed of major estate actions.

Step 5: Inventory and Appraise Assets

This is where you account for everything the deceased owned.

File an inventory with the Register of Wills. You must file a complete inventory of the estate's assets within 90 days of your appointment. This inventory lists every probate asset and its fair market value as of the date of death.

No probate referee required. Delaware does not require a court-appointed appraiser. You determine fair market values yourself for most assets. For real estate, business interests, and significant personal property, hiring a professional appraiser is strongly recommended to protect yourself from liability.

Real property considerations. Delaware real property must be specifically addressed in the probate process. If the will devises real property to specific beneficiaries, the title transfers at death but may need to go through probate for clear title. If real property needs to be sold, you'll need court authority unless the will gives you that power.

Elective share awareness. Delaware's surviving spouse has the right to an elective share — one-third of the "augmented estate" (which includes certain non-probate transfers). If the will leaves the surviving spouse less than this amount, the spouse can elect to take the statutory share instead. Factor this into your inventory and distribution planning.

Step 6: Pay Debts, Taxes, and Expenses

Once the creditor window is open and claims start coming in, handle them methodically.

Evaluate creditor claims. Review each claim carefully. You can accept valid claims, negotiate settlements, or reject claims you believe are invalid. Delaware law establishes a priority order for paying claims — administrative expenses and funeral costs come first.

Delaware has no state estate or inheritance tax. Delaware repealed its estate tax effective January 1, 2018. There is no state inheritance tax either. You only need to worry about federal estate tax if the estate exceeds the federal exemption (currently $15 million). This simplifies the tax picture significantly.

File the decedent's final income tax returns. The deceased's final federal and Delaware state income tax returns are due by April 15 of the year following death. Delaware's state income tax rate is graduated, topping out at 6.6%. If the estate generates income during administration, file a separate estate income tax return (federal Form 1041 and Delaware Form 400).

Pay valid debts and estate expenses. After evaluating claims, pay valid creditor claims, ongoing expenses, and probate costs from estate funds. Keep meticulous records — the Register of Wills and beneficiaries can demand a full accounting.

Step 7: Distribute Assets and Close the Estate

You're in the final stretch.

Prepare a final accounting. Create a detailed record of all estate transactions — every asset collected, every bill paid, every fee charged, and the proposed distribution to each beneficiary. This accounting must be filed with the Register of Wills.

File the accounting and petition for distribution. Once all debts are paid, taxes are filed, and the 8-month creditor window has closed, file your final accounting and petition for distribution. The Register of Wills reviews the accounting and, if everything is in order, approves the distribution.

Distribute assets according to the will. After approval, transfer assets to beneficiaries as directed. Get signed receipts from each beneficiary confirming they received their distribution.

Request your discharge. Once everything is distributed and the accounting is approved, the Register of Wills issues your discharge, releasing you from further liability. Keep copies of everything — you may need them for years.

For a broader look at how the probate timeline typically unfolds, including what causes delays, see our detailed timeline breakdown.

Delaware-Specific Probate Rules to Know

Beyond the step-by-step process, there are several Delaware-specific rules worth knowing.

Register of Wills, not a judge. Unlike most states where probate is handled by a judge, Delaware's probate process is managed by the Register of Wills — an elected county official. This means the process is more administrative than judicial, which often makes it faster and less formal. However, contested matters (will contests, disputes among beneficiaries) are referred to the Court of Chancery.

10-day will filing requirement. Delaware has one of the strictest will filing requirements in the country. You must file the original will with the Register of Wills within 10 days of learning of the death. Failure to file can result in legal consequences, including personal liability.

Court of Chancery for disputes. If there's a will contest, a dispute about the executor's actions, or any other contested matter, the case moves from the Register of Wills to the Court of Chancery — Delaware's equity court. The Court of Chancery is known for its legal expertise (it handles most of the nation's corporate disputes), but proceedings there are more formal and expensive.

Executor compensation. Delaware allows executors to receive reasonable compensation for their services. There's no fixed statutory schedule — the Register of Wills determines what's reasonable based on the estate's size, complexity, and the executor's effort. For more on how executor compensation works, see our detailed guide.

Elective share protections. The surviving spouse can elect to take one-third of the augmented estate, which includes not just probate assets but also certain non-probate transfers made during the deceased's lifetime. This is broader than many states' elective share provisions. If the deceased attempted to disinherit their spouse through non-probate transfers, the spouse may still be entitled to a significant share.

Delaware Qualified Dispositions in Trust Act. Delaware is known for its trust-friendly laws. If the deceased established a Delaware asset protection trust, those assets are generally not part of the probate estate. However, the trust may still be relevant for tax purposes and for determining the elective share.

What HeirPortal Does for Delaware Executors

When you set up an estate in HeirPortal, Delaware-specific deadlines and requirements populate automatically — the 90-day inventory deadline, the 8-month creditor bar, the 10-day will filing requirement, and key tax dates. Your family members see the same timeline you do, which means fewer calls asking "what's happening?" and more time spent actually moving the estate forward. You can check our state coverage page to see exactly what's included.

FAQ

How long does probate take in Delaware?

Most Delaware estates take 10-16 months from the initial filing to final distribution. The 8-month creditor bar from the date of death sets a hard minimum timeline. Simple estates with cooperative families can sometimes wrap up shortly after the creditor period closes. Complex estates — those involving real property, contested claims, or elective share disputes — can take 18 months to 2 years or longer.

Do I need a lawyer for probate in Delaware?

No — Delaware allows pro se (self-representation) in probate. The Register of Wills handles most probate matters administratively, and staff are often helpful to unrepresented executors. However, for estates involving significant real property, business interests, contested matters, or elective share claims, hiring a probate attorney is strongly recommended.

What is the small estate threshold in Delaware?

Delaware allows simplified procedures for estates with personal property valued at $30,000 or less. Estates with real property do not qualify for the small estate affidavit regardless of total value. A small estate affidavit can be used after a 30-day waiting period from death.

How much does probate cost in Delaware?

The major costs include:

• Court filing fee: $75 -- $300
• Newspaper publication: $150 -- $350
• Attorney fees (if hired): $2,000 -- $10,000+ depending on complexity
• Certified death certificates: $250 -- $375 (for 10-15 copies at ~$25 each)
• Bond premium (if required): varies based on estate value

Delaware's probate costs are moderate compared to the national average. The absence of state estate and inheritance taxes is a significant financial advantage.

Does Delaware have an estate tax?

No. Delaware repealed its estate tax effective January 1, 2018. There is no state inheritance tax either. Only the federal estate tax applies, and only for estates exceeding the federal exemption (currently $15 million).

Can I avoid probate in Delaware?

Yes, several strategies can help:

• Revocable living trust: Assets in a trust pass outside of probate
• Joint ownership with right of survivorship: Property passes automatically to the surviving owner
• Beneficiary designations: Life insurance, retirement accounts, and payable-on-death accounts bypass probate
• Small estate affidavit: Estates under $30,000 in personal property
• Transfer-on-death deeds: Delaware now recognizes TOD deeds for real property (effective December 2025), allowing property to pass directly to named beneficiaries without probate

What happens if the executor lives outside Delaware?

Delaware allows out-of-state executors. Non-resident executors may need to appoint a Delaware agent for service of process. If you're managing an estate from out of state, consider hiring a local attorney to handle filings with the Register of Wills.

What is the 10-day will filing deadline?

Delaware law requires the original will to be filed with the Register of Wills within 10 days of learning of the death. This is one of the strictest deadlines in the country. Even if you don't plan to open probate immediately, you must file the will. Failure to comply can result in personal liability for the person holding the will.

Executor Checklists for Other States

Looking for executor guidance specific to another state? We have detailed checklists for:

Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | DC | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming

Don't see your state? Check our state coverage page for probate requirements in all 50 states plus DC.

Delaware's probate process is more administrative than most states, which often means less time in courtrooms and more straightforward procedures. The Register of Wills system can work in your favor — take advantage of it. You're already doing the right thing by learning what's ahead.