Probate cost · Delaware
Probate cost in Delaware
What every fee is, who sets it, and what a typical estate actually pays end to end.
Probate in Delaware costs about $23,280 to $36,650 for a $500,000 estate. The Court of Chancery charges $200 to open the case. Executor and attorney fees are the largest line items, set under 12 Del. C. § 2306. Publication, bond, and appraisal add $580-$3,950.
Fee breakdown
Every probate cost in Delaware, itemized. Amounts vary by county and by estate complexity.
| Court filing fee | $200 | Register of Wills fee scales with estate value from $80 to $2,500. |
|---|---|---|
| Publication of notice | $80 - $250 | Newspaper notice to creditors, required in most counties. |
| Executor bond | $200 - $2,500 | Often waived by the will. When required, premium is ~0.5% of the estate value. |
| Appraisal | $300 - $1,200 | For real estate, business interests, or unique personal property. |
| Executor fee | $12,500 on $500k | 12 Del. C. §2305: reasonable compensation set by the court. Typical range is 2-4% of the probate estate. |
| Attorney fee | $10,000 - $20,000 on $500k | Attorney fees are reasonable and court-approved, typically 2-4% of the estate. |
Total by estate size
Estimated total probate cost in Delaware across three common estate sizes. Uses statutory fees where Delaware has them, market ranges where it doesn't.
| $200,000 estate | $9,780 - $17,150 |
|---|---|
| $500,000 estate | $23,280 - $36,650 |
| $1,000,000 estate | $45,780 - $69,150 |
Ranges assume an uncontested estate with one parcel of real property. Contested estates, out-of-state assets, and businesses add cost.
How to reduce probate cost in Delaware
- If the estate is under $30,000, use a small estate affidavit instead of full probate.
- Convert accounts to payable-on-death and beneficiary designations before death. Those assets bypass probate entirely.
- Use a revocable living trust for real estate to avoid the Court of Chancery probate process.
- Ask the will to waive bond. That saves the $200-$2,500 premium.
- For clean, uncontested estates, use a cost calculator first so you know what to expect before hiring counsel.
Common questions
How much does probate cost in Delaware?
Total probate cost in Delaware for a $500,000 estate typically runs $23,280 to $36,650. A $200,000 estate costs about $9,780-$17,150, a $1M estate $45,780-$69,150. Court filing alone is $200.
Who pays probate fees in Delaware?
The estate pays every probate cost from estate assets before heirs receive anything. Executor and attorney fees, the Court of Chancery filing fee, publication, and bond premiums all come out of the estate under 12 Del. C. § 2306.
Can I reduce probate cost?
Yes. Using the small estate affidavit skips full probate when the estate is under the state threshold ($30,000 in Delaware). Beneficiary designations, joint accounts, and living trusts also keep assets out of probate entirely.
What is the executor fee in Delaware?
12 Del. C. §2305: reasonable compensation set by the court. Typical range is 2-4% of the probate estate.
How long does it take to pay these fees?
Filing and publication are paid at filing. Executor and attorney fees are approved by the Court of Chancery at the end, typically 8 months after opening the estate.
Where in Delaware
In Delaware, probate fees are paid at the Court of Chancery in the county where your relative lived at death. These three counties handle the largest caseload.
- County seat
New Castle County
Court of Chancery - courthouse in Wilmington
- County seat
Sussex County
Court of Chancery - courthouse in Georgetown
- County seat
Kent County
Court of Chancery - courthouse in Dover
Every Delaware county has its own Court of Chancery clerk. Filing fees and processing time vary by county.
Other tasks in Delaware
Related: Probate in Delaware · Cost calculator · Probate timeline