State guide
After a death in Delaware
The Delaware rules families ask about most: small estates, the probate court and its forms, taxes, and how to sign a will, power of attorney and health care directive.
General information, not legal advice. Laws and amounts change. A few details for Delaware are still being confirmed, so check with the probate court or an estate attorney before you rely on them.
Small estates
Small estate affidavit filed with the Register of Wills (12 Del. C. 2306). Allowed when the person owned no Delaware real estate in their sole name or as a tenant in common, and personal property, not counting jointly owned property, is $50,000 or less. Wait 30 days after death. In order of preference it can be used by the named executor, the spouse, children or other descendants, grandparents, or a Delaware licensed funeral director.
- Limit: $50,000 personal property, with no solely owned Delaware real estate
- Waiting time after the death: 30 days
- Source: the official source
Probate court
In Delaware, estates are handled by the Register of Wills in each county (New Castle, Kent, Sussex), acting for the Court of Chancery, usually in the county where the person lived.
Creditor claims: Claims must be presented within 8 months after death.
Official court forms
Small Estates | New Castle County, DE
Explains how to get a small estate affidavit from the New Castle County Register of Wills.
The Delaware state courts site sends people to the Register of Wills in each county (New Castle, Kent, or Sussex). The Register of Wills office prepares the small estate affidavit for you. The limit is $50,000 for deaths on or after June 10, 2026 and $30,000 before that. Some county request forms still show the old limit.
Estate and inheritance tax
- State estate tax: No. Delaware repealed its estate tax for deaths after December 31, 2017.
- Inheritance tax: No. Delaware has no inheritance tax.
The federal estate tax applies only to very large estates. Most families do not owe it.
Property that passes outside probate
- Transfer on death deed for a home: Yes. Transfer on death deed under the Delaware Uniform Real Property Transfer on Death Act (25 Del. C. chapter 2). It must be recorded before death.
- Community property state: No.
Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.
Wills
Signing a will: Signed by the testator and 2 witnesses. A self-proving affidavit before a notary is optional.
Handwritten wills: A handwritten will is valid only if it is signed and witnessed like any other will.
Power of attorney and health care directive
Financial power of attorney: Durable Personal Powers of Attorney Act (12 Del. C. chapter 49A), based on the Uniform Act. It must be in writing, dated, and signed in front of a notary and one adult witness who is not a relative or heir (12 Del. C. 49A-105). The agent must sign a certification before acting. An optional notice to the principal can be attached.
Health care directive: Advance health care directive (16 Del. C. chapter 25), which can name a health care agent and give instructions. Signed with 2 adult witnesses. Relatives, heirs, and certain others cannot be witnesses.
Death certificates
Certified copies come from the Delaware Division of Public Health, Office of Vital Statistics. The funeral home can usually order them for you.
Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.
Also good to know
The small estate affidavit can be filed by a funeral director, which helps when no family is available. Estates are opened with the Register of Wills, not a judge.
A plan made for Delaware
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