Delaware Probate Process: A Step-by-Step Timeline

Delaware probate runs on a strict statutory clock governed by Title 12 of the Delaware Code. Unlike states that adopted simplified Uniform Probate Code procedures, Delaware retains a formalistic system with mandatory deadlines at 40 days, 3 months, 8 months, and 1 year from specific trigger dates. Missing any of these doesn't just slow things down — it triggers penalties, court appearances, or personal liability for the executor.

Here's what the process actually looks like, in order.

How Long Does Probate Take in Delaware?

A typical Delaware estate takes 9 to 12 months to close. That clock doesn't start at death — it starts when the Register of Wills grants Letters Testamentary or Letters of Administration. The mandatory 8-month creditor claim window is the main driver of that floor; you cannot distribute assets to beneficiaries until that window closes and all valid claims are resolved.

Simple estates with liquid assets and no contested debts can close at the 10–11 month mark. Complex estates with real property, business interests, or contested claims routinely run longer.

Step 1: Before You File — Determine Which Track Applies

Before contacting the Register of Wills, assess whether formal probate is even required.

No probate needed: Assets held in joint tenancy with right of survivorship, trust assets, and accounts with designated beneficiaries (life insurance, IRAs, payable-on-death accounts) transfer directly to surviving owners or beneficiaries outside the probate system.

Small Estate Affidavit (under $50,000, no real estate): Following the 2026 passage of House Bill 333, if the decedent's solely owned personal property totals $50,000 or less and they owned no solely-titled real estate in Delaware, the estate qualifies for simplified summary distribution under 12 Del. C. § 2306. This avoids the full 9–12 month process entirely.

Full formal probate: Required if personal assets exceed $50,000 or if the decedent owned any solely-titled real estate in Delaware — regardless of that property's value.

Step 2: Lodge the Will and File the Petition

Deadline: Within 10 days of learning of the death

Title 12 requires anyone in possession of a document that appears to be a will to deliver it to the Register of Wills in the county where the decedent resided within ten days of learning of the death. Failing to produce it exposes the holder to civil liability.

Delaware has three separate Register of Wills offices — one in each county:

• New Castle County (Wilmington)
• Kent County (Dover)
• Sussex County (Georgetown)

File in the county where the decedent was domiciled.

Step 3: How to Become Executor (or Administrator) in Delaware

To open the estate, the prospective personal representative files a petition with the Register of Wills. If a will exists and names an executor, that person files for Letters Testamentary. If there is no will, or if the named executor cannot serve, someone petitions for Letters of Administration — typically the surviving spouse, an adult child, or another close relative.

Historically, this required a personal appearance at the courthouse to swear an oath of office. Under Court of Chancery Rule 190, personal appearance is waived if the representative is represented by an attorney admitted to practice before the Delaware Supreme Court. If you're handling it without an attorney, you'll need to appear in person.

Bonding: Delaware law requires the personal representative to file a bond. Wills often waive this requirement, but out-of-state executors are frequently required to obtain a corporate surety bond regardless of what the will says.

Upon approval, the Register issues:

• Letters Testamentary (with a will) or Letters of Administration (without)
• Short Certificates — portable certified proof of your authority, costing $3.00 each. Banks, the DMV, and financial institutions require originals; photocopies are rejected.

Step 4: Publish Creditor Notice

Deadline: Within 40 days of the grant of Letters

You are required to post and publish formal notice to creditors in a county-approved newspaper at least once a week for three consecutive weeks. Publication costs vary substantially by which newspaper you choose — in New Castle County, options range from approximately $25 for the New Castle Weekly to over $400 for The News Journal. The Register of Wills can waive the publication requirement only when the gross personal estate is under $30,000 and the gross total estate is under $35,000.

Step 5: File the Inventory (Form 600 RW)

Deadline: 3 months from the grant of Letters

This is the formal catalog of all estate assets — solely owned personal property, real estate, and joint assets — valued at fair market value as of the date of death. The form must be notarized.

Extensions of up to six months are available but require formal application and approval from the Chief Deputy Register.

Sussex County warning: In Sussex County, the Inventory functions as the effective deed to transfer real property. An error in the property description, a missing tax parcel number, or a typo can break the chain of title. This often isn't discovered until heirs try to sell the property years later, requiring costly legal remediation.

Step 6: Manage the Creditor Claim Window

Deadline: 8 months from the date of death

Creditors have eight months from the date of death to file claims against the estate. You cannot make final distributions to beneficiaries until this window closes and all valid claims are resolved.

Claims must be paid in the strict priority order established by Title 12, Chapter 21: costs of administration first, then funeral expenses, then taxes, then secured debts, then general unsecured debts. An executor who pays lower-priority debts early — credit cards, medical bills — and then lacks funds for higher-priority obligations becomes personally liable for the shortfall.

Step 7: Handle Tax Obligations

The estate is its own taxable entity. You'll need to:

• Obtain a federal Employer Identification Number (EIN) to open an estate bank account
• File the decedent's final personal income tax return
• File Delaware Form FID-TAX (Fiduciary Income Tax Return) for any income generated by estate assets during administration — due April 30 of the year following the close of the taxable period
• File an Affidavit That No Delaware Estate Tax Return is Required if real estate is involved (Delaware repealed its estate tax for deaths on or after January 1, 2018)

Step 8: File the Final Accounting

Deadline: 1 year from the grant of Letters

The Final Accounting reconciles everything: assets from the Inventory, income earned, expenses paid, debts resolved, and distributions made. The net personal estate figure from this accounting is what the Register uses to calculate the closing fee (1.25% in Sussex County, 1.75% in Kent County, 2.0% in New Castle County).

In Sussex County, you must schedule an accounting appointment with the Register's office by phone — and you need to have the physical completed forms in front of you during the call.

After the Register approves the accounting and closing fees are paid, you file beneficiary release forms, distribute remaining assets, and the estate closes.

The Full Timeline at a Glance

The Delaware Probate Process Guide covers each of these steps in detail, with county-specific checklists, form guides, and cost worksheets so you can move through the process without missing a deadline.

See more Delaware guides →