Probate · Delaware
Probate in Delaware
A plain-language overview of how probate works in Delaware, with thresholds, timelines, and the order of operations.
In Delaware, probate is filed at the Court of Chancery in the county where the deceased lived. Estates under $30,000 in sole-name assets can often use a small estate affidavit under 12 Del. C. § 2306. A typical case closes in about 8 months once filed.
Quick facts
| Court | Court of Chancery |
|---|---|
| Governing statute | 12 Del. C. § 2306 |
| Small estate threshold | $30,000 |
| Typical timeline | 8 months |
Figures are general references and may change. Verify with the Court of Chancery for your county before filing.
Step by step
Confirm probate is needed
Probate is typically required for assets in the deceased's sole name above $30,000 in Delaware. Joint property, beneficiary accounts, and living-trust assets bypass probate.
Locate the will
Search the home safe, attorney files, and safe deposit box. If no will exists, the estate passes under intestate succession.
File at the Court of Chancery
Open the estate in the county where your relative lived. The court reviews the petition under 12 Del. C. § 2306.
Notify heirs and creditors
Delaware requires written notice to known heirs and published notice to creditors. The creditor period typically runs several months.
Inventory and value assets
List real estate, accounts, vehicles, and personal property with date-of-death values. The court may require an appraisal.
Pay debts, taxes, and the final return
Settle valid creditor claims, file the final income tax return, and pay any estate tax that applies.
Distribute and close
After approval, distribute remaining assets to beneficiaries and file a final accounting. The court issues an order closing the estate.
Common questions
How long does probate take in Delaware?
A straightforward estate in Delaware typically closes in about 8 months. Contested estates or those with real property in multiple states can run a year or more.
What is the small estate threshold in Delaware?
Estates with assets under $30,000 can often use a small estate affidavit under 12 Del. C. § 2306, which skips full probate. Real property rules vary.
Do I need a lawyer?
Many states allow you to file probate without an attorney, especially for small estates. Complex estates with real property, business interests, or disputes usually benefit from counsel.
What if there is no will?
Delaware uses an intestate succession order, which distributes assets to the spouse, children, and other relatives in a set sequence.
Where do I file?
File at the Court of Chancery in the county where your relative lived at death.