Delaware Probate Fees: What Executors Actually Pay

Most states charge a flat filing fee when you open an estate. Delaware doesn't. Instead, the Register of Wills takes a percentage of your estate's net personal assets at the very end of the process — after you've done a year of work. That structure surprises a lot of executors, and miscalculating it is one of the most common reasons estates get held up or audited.

Here is a clear breakdown of what Delaware probate actually costs, county by county.

The Core Cost: Percentage-Based Closing Fees

Delaware's closing fee is calculated on the net personal estate — not the gross value of everything the decedent owned. The net personal estate is gross personal property minus allowable deductions: administrative expenses, funeral costs, debts paid, and professional fees (attorney, accountant, executor).

Real estate is generally excluded from this calculation unless the will directs it to be sold as part of administration.

The percentages are set by county:

What This Looks Like in Practice

Say you're administering an estate in New Castle County with $180,000 in personal assets and $40,000 in allowable deductions. The net personal estate is $140,000.

• Closing fee: $140,000 × 2.0% = $2,800

The same estate filed in Sussex County: $140,000 × 1.25% = $1,750.

County choice matters if the decedent owned property in multiple counties. The estate is typically filed in the county where the decedent was domiciled.

Why the Calculation Trips People Up

The biggest mistakes executors make involve what can and cannot be deducted before calculating the net personal estate.

You can deduct:

• Funeral and burial expenses
• Administrative costs (court fees, publication fees, bond premiums)
• Valid debts paid during administration
• Attorney fees and executor commissions

You cannot deduct:

• Early distributions to beneficiaries — these are not estate expenses
• Personal loans you made to the estate from your own funds unless properly documented

An executor who pays out $30,000 to heirs mid-process and then tries to deduct that from the net personal estate will get rejected. The Register's office will catch it during the final accounting review, and you'll need to refile.

The Delaware Probate Process Guide includes a net personal estate worksheet that walks through this calculation with your actual numbers before you reach the one-year deadline.

Every Other Fee You'll Encounter

The closing percentage is the big one, but it isn't the only cost. Here's what else accumulates during administration:

At estate opening:

• Death certificates: $25.00 per certified copy (you typically need 6–10 copies)
• Short Certificates (proof of executor authority): $3.00 each
• Surety bond: varies by estate size; out-of-state executors are frequently required to obtain a corporate surety bond even if the will waives it

During administration:

• Creditor notice publication: required in a county-approved newspaper, once a week for three consecutive weeks. In New Castle County, costs range from roughly $25 (New Castle Weekly) to $415 (The News Journal/Delaware Online). Choosing the right publication makes a real financial difference.
• Register of Wills appearance waivers (Rule 190): no additional fee, but only applies if you're represented by a Delaware-licensed attorney

At closing:

• Sussex County no-show fee: $25 for missing a scheduled accounting appointment
• Late filing penalty: $25 per instance when documents are filed more than 30 days late
• Form 650/651 (no-asset closing): nominal administrative fee

Real estate transfers:

• Deed recording: $51.00 base fee in New Castle and Kent counties; $40.00 in Sussex County
• Non-conforming document penalty: $30–$40 if margins or formatting don't meet county standards

Vehicle transfers:

• Standard DMV title fee: $35.00 (no lien), $55.00 (with lien)
• Documentation fee: 4.25% of purchase price or NADA book value, whichever is higher — but this is waived for immediate family members (spouse, parent, child, sibling, grandparent) with proof of relationship

Does Delaware Have an Estate Tax or Inheritance Tax?

No. Delaware repealed its state estate tax for decedents dying on or after January 1, 2018. There is no Delaware inheritance tax. The estate may still owe federal estate taxes if it exceeds the federal exemption threshold, and the executor must file a Delaware Fiduciary Income Tax Return (Form FID-TAX) for any income the estate generates during administration — but the state is not taking a percentage of the estate's value the way it once did.

To clear real estate titles from the decedent's name, you'll need to file an Affidavit That No Delaware Estate Tax Return is Required with the Register of Wills. There is a nominal filing fee for this.

Small Estate Exception

If the decedent's solely owned personal property totals $50,000 or less and there is no solely-titled real estate in Delaware, the estate may qualify for the Small Estate Affidavit process under 12 Del. C. § 2306 — updated to the $50,000 limit by House Bill 333, signed into law in 2026. Under this process, the percentage-based closing fee and most of the administrative costs above do not apply.

If the estate just barely exceeds the threshold, or if a solely-owned property is present even at low value, full formal administration is legally required.

Planning for the Closing Fee

The closing fee is due at the one-year mark when you file the final accounting. Executors who don't set money aside for it sometimes find themselves in the uncomfortable position of having already distributed assets to beneficiaries — and then needing to recover funds to pay the county.

A straightforward practice: keep the closing cost estimate in a dedicated estate account throughout administration. Calculate it early, and don't distribute those funds until the Register approves the accounting.

The Delaware Probate Process Guide includes county-specific cost worksheets and a step-by-step accounting template to help you arrive at closing without surprises.

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