Settling an Estate in Delaware
Reviewed by DocDraft Legal Team · Delaware · Last updated August 27, 2026
Delaware splits estate administration between two offices. The Court of Chancery holds jurisdiction over decedents' estates, but the working file lives with the Register of Wills in New Castle, Kent, or Sussex County, and under 12 Del. C. 2501 the Register of Wills of each county acts only as a Clerk of the Court of Chancery. The practical consequence is that almost everything a personal representative does, from probating the will to taking letters to filing the inventory and the annual account, happens at the county Register of Wills counter rather than in Chancery itself. Delaware's small estate route under 12 Del. C. 2306 was raised to $50,000 of personal estate for decedents dying on or after June 10, 2026, up from $30,000, but it is closed to any estate in which the decedent owned Delaware real estate solely or as a tenant in common. The creditor bar in 12 Del. C. 2102 runs 8 months from the date of death rather than from the grant of letters, so the clock is already moving before anyone is appointed.
Find out where you stand in Delaware
Where are you in settling the estate?
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Is probate always required in Delaware?
No. Jointly owned property, payable on death accounts, life insurance and retirement plans with a living beneficiary, and trust assets pass outside probate. Delaware also allows collection without letters under 12 Del. C. 2306 where the personal estate is $50,000 or less and the decedent owned no Delaware real estate.
Which court handles probate in Delaware?
The Court of Chancery has jurisdiction, but the file sits with the Register of Wills in the county where the decedent lived. Under 12 Del. C. 2501 the Register acts only as a Clerk of the Court of Chancery, so routine probate filings go to the county Register of Wills office.
What is the small estate limit in Delaware, and does real property qualify?
Real property does not qualify. Under 12 Del. C. 2306 the personal estate must not exceed $50,000 for deaths on or after June 10, 2026, and $30,000 for earlier deaths. The decedent must have owned no Delaware real estate solely or as a tenant in common, and 30 days must have passed.
How long does probate take in Delaware?
Rarely under 8 months. 12 Del. C. 2102 bars most claims not presented within 8 months of the date of death, and that clock runs from death rather than from the grant of letters. Accounts are due yearly from the date of letters under 12 Del. C. 2301 until the final account passes.
A Register of Wills that is a Clerk of the Court of Chancery, and a threshold that moved in 2026
Delaware is one of the few states where the office that does the probate work is not itself the court. Jurisdiction over decedents' estates belongs to the Court of Chancery, but 12 Del. C. 2501 provides that in performing the functions of the office the Register of Wills of each county acts only as a Clerk of the Court of Chancery. Under 12 Del. C. 2502 the Register may hear and determine matters that require no statutory notice and enter the orders the Court could enter, subject to the Court setting them aside or modifying them within 30 days, and 12 Del. C. 2506 lets deputy registers probate wills and grant letters. So a personal representative walks into the Register of Wills office in New Castle, Kent, or Sussex County, not into Chancery, and only contested matters and specific petitions climb to the Court itself. Delaware's small estate route is a distribution without grant of letters under 12 Del. C. 2306, and its ceiling moved recently: the section now reads $50,000 of personal estate, applying to decedents who died on or after June 10, 2026, where the prior figure was $30,000. Two limits matter more than the number. First, the route reaches only personal estate, and it is unavailable if the decedent owned Delaware real estate either solely or as a tenant in common, which closes it to most homeowners' estates regardless of value. Second, 30 days must have elapsed since the death and the surviving spouse's allowance under 12 Del. C. 2308 must have been paid, provided for, waived, or expired by lapse of time. Where a full administration is opened, the creditor rule in 12 Del. C. 2102 bars claims arising before or at death unless presented within 8 months of the decedent's death, with a separate 6 month rule for claims that arise after death and a 3 month window to sue on a rejected claim. Delaware is not a community property state. A surviving spouse has a right of election under 12 Del. C. 901 to take one third of the elective estate less transfers already received, exercised by petition within six months after the grant of letters, and takes a statutory intestate share under 12 Del. C. 502 that includes a life estate in the intestate real estate.
Relevant Laws
Delaware Code Title 12, Chapter 15 (Administration of decedents' estates)
Governs the grant of letters testamentary and letters of administration and the bond of the personal representative. 12 Del. C. 1522 requires no bond before letters issue unless the will requires one or the Court of Chancery orders one, and 12 Del. C. 1523 sets any bond at not less than the best estimate of the personal estate. Filings are made at the county Register of Wills, which under 12 Del. C. 2501 acts only as a Clerk of the Court of Chancery.
12 Del. C. 2306 (Distribution without grant of letters)
Permits specified relatives, a named executor, a trustee, or a licensed funeral director to collect the decedent's personal estate by affidavit without letters where that personal estate does not exceed $50,000, applying to decedents dying on or after June 10, 2026 and replacing the prior $30,000 figure. The route is unavailable if the decedent owned Delaware real estate solely or as a tenant in common. Thirty days must have elapsed since the death and the spousal allowance under 12 Del. C. 2308 must be satisfied, waived, or lapsed.
12 Del. C. 2102 (Limitations on claims against estate)
Bars claims arising before or at the decedent's death unless presented as provided in 12 Del. C. 2104 within 8 months of the decedent's death. Claims arising after death on a contract with the personal representative must be presented within 6 months after performance is due, and other post death claims within 6 months after they arise. A rejected claim is barred unless suit is commenced within 3 months. The companion notice section is 12 Del. C. 2101.
12 Del. C. 502 and 503 (Intestate succession)
Sets the shares when there is no will. A surviving spouse takes the entire intestate estate where no issue and no parent survive; where surviving issue are all also issue of the spouse, or where a parent but no issue survives, the spouse takes the first $50,000 of the intestate personal estate plus one half of the balance plus a life estate in the intestate real estate; where some issue are not issue of the spouse, the spouse takes one half of the intestate personal estate plus that life estate. The remainder passes to the decedent's issue per stirpes under 12 Del. C. 503.
Regional Variances
Delaware administration tracks by estate size
Personal estate $50,000 or less, no Delaware real estate
Distribution without grant of letters under 12 Del. C. 2306. An eligible affiant collects the personal estate by sworn affidavit, no personal representative is appointed, and no inventory or accounting cycle follows. Requires 30 days elapsed since death and the 12 Del. C. 2308 spousal allowance paid, provided for, waived, or expired. The $50,000 figure applies to decedents dying on or after June 10, 2026; $30,000 governs earlier deaths.
Any Delaware real estate owned solely or as a tenant in common
The 12 Del. C. 2306 route is closed regardless of value, because the section requires that the decedent did not own real estate in Delaware either solely or as tenants in common. A full administration through the county Register of Wills is required. Selling that real estate needs either a power of sale in the will under 12 Del. C. 2719 or an order of the Court of Chancery under 12 Del. C. 2701.
Gross personal estate not over $30,000 and gross estate not over $35,000
Reduced creditor notice under 12 Del. C. 2101. The Register may give notice solely by posting advertisements on the designated county website or in the county courthouse, without newspaper publication. This is a notice concession only. It does not shorten the 8 month claim bar and it is a separate test from the 12 Del. C. 2306 ceiling.
Personal estate above $50,000, or any estate with Delaware realty
Full administration. Letters issue from the Register of Wills as Clerk of the Court of Chancery, bond follows 12 Del. C. 1522, an inventory and appraisal is due within 3 months of letters under 12 Del. C. 1905, claims run under 12 Del. C. 2102, and accounts are rendered to the Court of Chancery yearly from the date of letters under 12 Del. C. 2301 until the final account passes.
Delaware deadlines and mechanics
Creditor claims
8 months from the date of the decedent's death for claims arising before or at death, under 12 Del. C. 2102, measured from death rather than from the grant of letters or from publication. Claims arising after death carry a 6 month period, and a rejected claim is barred unless suit is filed within 3 months.
Notice to creditors
Under 12 Del. C. 2101 the Register of Wills gives notice of the grant of letters. Advertisements are posted within 40 days of the grant on the designated county website or in the county courthouse and published in a newspaper at least 3 times within that period, not less often than once a week for 3 successive weeks, subject to the small estate posting only exception.
Inventory
Due within 3 months after the granting of letters under 12 Del. C. 1905, filed with the Register of Wills. 12 Del. C. 1906 imposes civil and criminal penalties for failure to file, 12 Del. C. 1910 covers after discovered assets, and 12 Del. C. 1911 lets the Court suppress or reject an inventory and order another.
Accounting
12 Del. C. 2301 requires an account of the administration to the Court of Chancery in money every year from the date of letters until the estate is closed and a final account is passed by the Court. Delaware therefore runs on an annual accounting cadence rather than a single closing document.
Bond
12 Del. C. 1522 requires no bond before letters issue unless the will requires one or the Court of Chancery orders one, and permits the Court to dispense with a bond a will requires. 12 Del. C. 1523 sets the penal sum at not less than the best estimate of the personal estate. A separate bond applies under 12 Del. C. 2713 before executing an order of sale of realty.
Surviving spouse
Delaware is not a community property state. Elective share of one third of the elective estate less prior transfers, by petition within six months after the grant of letters, under 12 Del. C. 901. Cash allowance up to $7,500 under 12 Del. C. 2308, claimed within 9 months of death or 6 months from letters, whichever is shorter. Intestate shares including a life estate in real estate are in 12 Del. C. 502.
Suggested Compliance Checklist
Diary 8 months from the date of death
Immediately days after starting12 Del. C. 2102 measures the bar on claims arising before or at death from the decedent's date of death, not from the grant of letters or from advertising. Fix that date first and schedule every distribution decision against it. Opening the estate late does not push the deadline out, it only shortens the time left to work inside it.
Test the estate against 12 Del. C. 2306 and the real estate disqualifier
Weeks 1-4 days after startingTotal the personal estate, excluding jointly owned property and the property described in 12 Del. C. 1901(b) and (c). Compare it against $50,000 for a death on or after June 10, 2026, or $30,000 for an earlier death. Then check the title of any Delaware real estate, because sole ownership or a tenancy in common closes the affidavit route no matter how small the estate is.
Prepare the affidavit for distribution without letters if eligible
After 30 days from the date of death days after starting12 Del. C. 2306 requires that 30 days have elapsed since the death and that the surviving spouse's allowance under 12 Del. C. 2308 has been paid, provided for, waived, or expired by lapse of time. Confirm the affiant is within the class the section names, which includes the spouse, a grandparent or a lineal descendant of a grandparent, a trustee, a named executor, or a licensed Delaware funeral director.
File the inventory and appraisal within 3 months of letters
Within 3 months of the granting of letters days after starting12 Del. C. 1905 requires the executor or administrator to file an inventory and appraisal with the Register of Wills within 3 months after letters are granted, with supporting affidavits. 12 Del. C. 1906 carries civil and criminal penalties for failing to file. Exclude the items listed in 12 Del. C. 1901(b) and (c), and file an additional inventory under 12 Del. C. 1910 for assets discovered later.
Render the annual account to the Court of Chancery
Every year from the date of letters days after starting12 Del. C. 2301 requires an account of the administration to the Court of Chancery in money every year from the date of letters until the estate is closed and a final account passes. Before the distributing account, pay claims presented within the 8 month window in the order of preference in 12 Del. C. 2105 and collect receipts from the beneficiaries.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Diary 8 months from the date of death | 12 Del. C. 2102 measures the bar on claims arising before or at death from the decedent's date of death, not from the grant of letters or from advertising. Fix that date first and schedule every distribution decision against it. Opening the estate late does not push the deadline out, it only shortens the time left to work inside it. | - | Immediately |
| Test the estate against 12 Del. C. 2306 and the real estate disqualifier | Total the personal estate, excluding jointly owned property and the property described in 12 Del. C. 1901(b) and (c). Compare it against $50,000 for a death on or after June 10, 2026, or $30,000 for an earlier death. Then check the title of any Delaware real estate, because sole ownership or a tenancy in common closes the affidavit route no matter how small the estate is. | - | Weeks 1-4 |
| Prepare the affidavit for distribution without letters if eligible | 12 Del. C. 2306 requires that 30 days have elapsed since the death and that the surviving spouse's allowance under 12 Del. C. 2308 has been paid, provided for, waived, or expired by lapse of time. Confirm the affiant is within the class the section names, which includes the spouse, a grandparent or a lineal descendant of a grandparent, a trustee, a named executor, or a licensed Delaware funeral director. | small-estate-affidavit | After 30 days from the date of death |
| File the inventory and appraisal within 3 months of letters | 12 Del. C. 1905 requires the executor or administrator to file an inventory and appraisal with the Register of Wills within 3 months after letters are granted, with supporting affidavits. 12 Del. C. 1906 carries civil and criminal penalties for failing to file. Exclude the items listed in 12 Del. C. 1901(b) and (c), and file an additional inventory under 12 Del. C. 1910 for assets discovered later. | asset-inventory | Within 3 months of the granting of letters |
| Render the annual account to the Court of Chancery | 12 Del. C. 2301 requires an account of the administration to the Court of Chancery in money every year from the date of letters until the estate is closed and a final account passes. Before the distributing account, pay claims presented within the 8 month window in the order of preference in 12 Del. C. 2105 and collect receipts from the beneficiaries. | - | Every year from the date of letters |
Frequently Asked Questions
Distributing before the claim period closes is where personal exposure arises. 12 Del. C. 2102 bars claims arising before or at death only if they are not presented within 8 months of the death, so a claim presented in month seven is still live even if the assets are already out the door. 12 Del. C. 2105 sets the order of preference among claims, and paying a lower priority creditor or a beneficiary ahead of a higher priority claim can leave the representative answering for the shortfall. An attorney can advise on holding a reserve.
There are two sources of authority. If the will gives the executor a power to sell real estate or directs that it be sold, 12 Del. C. 2719 lets the executor proceed under that devise without a separate petition. If there is no such power and the personal estate is not sufficient to pay debts, 12 Del. C. 2701 allows the executor or administrator to petition the Court of Chancery for an order of sale, with the procedure, the return of sale and deed, and the application of proceeds governed by 12 Del. C. 2704 through 2710. Confirm which route applies before signing a contract.
Usually not. 12 Del. C. 1522 provides that no bond is required of a personal representative prior to receiving letters except where the will requires one or the Court of Chancery orders one, and it also lets the Court dispense with a bond a will otherwise requires where the Court determines it is not necessary or desirable. Where a bond is required, 12 Del. C. 1523 sets the penal amount at not less than the best estimate that can be made of the decedent's personal estate. A separate bond is required under 12 Del. C. 2713 before executing an order of sale of realty.
Delaware is not a community property state. Under 12 Del. C. 901 a surviving spouse of a Delaware domiciliary may elect to take one third of the elective estate less all transfers the decedent already made to that spouse, and the petition goes to the Court of Chancery or to the personal representative within six months after the grant of letters. Separately, 12 Del. C. 2308 gives the surviving spouse cash up to $7,500 out of the estate, claimed by notifying the Register of Wills within 9 months of death or 6 months from the grant of letters, whichever is shorter.
12 Del. C. 2101 normally requires both posting and newspaper publication, but it carves out an exception. Where the gross personal estate of the decedent does not exceed $30,000 and the gross real and personal estate does not in the aggregate exceed $35,000, the Register may give notice solely by posting the advertisements and not by publication in a newspaper. Note that these are not the same figures as the 12 Del. C. 2306 affidavit ceiling, and qualifying for reduced notice does not shorten the 8 month claim period.
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