What to Do When Someone Dies in Delaware: The First 30 Days

Nobody tells you what comes next. The hospital sends you home, the funeral home asks about arrangements, and suddenly you are responsible for navigating a bureaucratic system that was not designed with grieving families in mind.

Delaware's process is more organized than many states — but it requires you to move quickly on several fronts simultaneously. Here is what actually needs to happen, roughly in order.

In the First 48 Hours

Pronouncement and release of the body: If the death occurred at home or outside a medical facility, you may need to call 911 so that the death can be officially pronounced. Depending on circumstances, the medical examiner's office may need to be involved before the funeral home can take custody of the remains. If the death was expected (hospice, terminal illness), your hospice nurse or care provider can usually handle the pronouncement directly.

Choose a funeral home: You do not need to decide burial versus cremation immediately, but you do need a licensed Delaware funeral home to take custody of the remains. Shop around — the FTC Funeral Rule requires funeral homes to provide itemized price lists by phone or in person. Prices in Delaware vary significantly between providers.

Secure the home and property: If the deceased lived alone, secure the property. Turn off utilities you do not need, notify the homeowner's insurer of the vacancy (some policies lapse after 30 days of vacancy without notification), and safeguard valuable personal property.

Certified Death Certificates: Order More Than You Think You Need

The Delaware Office of Vital Statistics issues certified death certificates at $25 per copy. The funeral home typically orders the initial batch, but you need to specify how many.

Order at least 8–10 certified copies. Each of the following institutions typically requires an original:

• Each bank or financial institution where the deceased had accounts
• Life insurance company (each policy requires its own copy)
• The Register of Wills (for probate opening)
• Social Security Administration
• Pension administrator
• Health insurance provider
• Mortgage lender or property management company
• Vehicle title transfer (DMV)

Ordering too few copies is one of the most common estate administration mistakes. Reordering costs money and causes delays. Order enough upfront.

Days 1–7: Immediate Notifications

These agencies and institutions need to hear from you quickly to prevent ongoing payments, prevent fraud, and preserve benefits:

Social Security Administration: Call 1-800-772-1213 to report the death. SSA will stop ongoing retirement payments (benefits paid for the month of death may need to be returned) and can assess survivor benefit eligibility for the surviving spouse and dependent children. Do not wait — SSA does not backdate survivor benefits.

Delaware Office of Pensions (if the deceased was a state or municipal employee): Call (302) 739-4208. Pension payments to the deceased must be stopped and survivor benefits initiated through Form SOP-1. Delays here create income gaps.

Health insurance provider: Notify the insurer and ask about continuation options (COBRA or Delaware Mini-COBRA). The election deadline is typically 30–60 days from the loss of coverage — not from the date of death. Act within the first week to confirm the deadline.

Life insurance company: Begin the claims process immediately. Most life insurance claims require a certified death certificate plus a completed claim form. Payments are typically made within 30–60 days of a complete claim submission.

Banks and financial institutions: Notify banks where the deceased had individual accounts. Joint accounts with right of survivorship pass automatically; individual accounts need the estate's authority before funds can be accessed.

Days 7–30: Probate Triage

Thirty days after the death, Delaware allows the estate to begin using the Small Estate Affidavit procedure — but only if it qualifies.

The $30,000 threshold: If the deceased's solely owned personal property (excluding jointly held assets, TOD accounts, life insurance with a named beneficiary, retirement accounts with named beneficiaries) totals less than $30,000 and they owned no real estate solely in their name, the estate qualifies for the Small Estate Affidavit. This entirely bypasses formal probate and requires only a $10 filing fee at the Register of Wills.

If formal probate is required: Estates above $30,000 in personal property, or those containing solely owned real estate, must go through formal probate. The nominated executor (or next of kin if there is no will) must file with the Register of Wills in the county where the deceased was domiciled:

• New Castle County: Wilmington
• Kent County: Dover
• Sussex County: Georgetown

The filing fee is scaled to the estate value. Once Letters Testamentary or Letters of Administration are granted, a strict 3-month deadline begins for filing the estate inventory (Form 600RW). Mark this date immediately.

No solely owned real estate but over $30,000: You must open formal probate. If you are not certain whether assets are jointly held or solely owned, audit before filing anything.

Days 14–30: Benefits Claims

In addition to Social Security and pension, file for any additional benefits the family may be entitled to:

Veterans benefits: If the deceased was a veteran, contact the Delaware Office of Veterans Services and file for VA Dependency and Indemnity Compensation (DIC) if the death was service-connected. See our full guide on Delaware veterans survivor benefits.

Workers' compensation: If the death resulted from a workplace accident or occupational illness, notify the employer and the Delaware Department of Labor. See our full guide on Delaware workers' comp death benefits.

Crime victims compensation: If the death was the result of a crime, file a VCAP claim with the Delaware Attorney General's office. See our full guide on Delaware VCAP.

Property tax exemptions: If the surviving spouse is inheriting the primary residence, contact the county Board of Assessment about continuing property tax exemptions. The April 30 deadline for most programs means you may need to act before the estate is even settled. See our guide on Delaware property tax exemptions for surviving spouses.

The 8-Month Creditor Window

Creditors have exactly 8 months from the date of death to file claims against the estate under 12 Del. C. Section 2102. After that window closes, unpaid debts from before the death are permanently barred.

The executor must actively track this date and deny any claims that arrive after the deadline. Paying a time-barred debt out of a sense of obligation mismanages the estate and reduces the beneficiaries' inheritance unnecessarily.

Before paying any creditor, ensure the surviving spouse's $7,500 statutory allowance (under 12 Del. C. Section 2308) has been accounted for. It holds the highest priority in the creditor hierarchy — higher than funeral expenses, medical bills, or credit cards.

What Can Wait

Not everything has to happen in the first 30 days. These can come later:

• Transferring vehicle titles (get the MV14 temporary permit to keep driving legally)
• Sorting through personal property
• Deciding whether to sell or keep real estate
• Filing the estate's final income tax return (due April 30 following the close of the tax year)

The Delaware Survivor Benefits Navigator covers every stage of this process with agency-specific checklists, county filing instructions, and deadline calendars — so you do not miss a benefit you are entitled to or a deadline that triggers a penalty. Get the complete guide here.

See more Delaware guides →