Probate in Delaware
Which court, what it costs to file, how long it usually takes, and whether a smaller estate can skip the formal process.
Last updated May 11, 2026. Sources are linked at the bottom of the page.
What probate actually is
Probate is the court process that gives someone legal authority to collect the person's assets, pay their debts, and hand what is left to the heirs. Not everything goes through it: accounts with a named beneficiary, jointly owned property, and assets held in a living trust usually pass outside probate. What is left, property titled only in the deceased person's name with no beneficiary, is what probate deals with.
A will is not required for probate in Delaware. If there is no will, the court still appoints someone to settle the estate and state law decides who inherits. See when there is no will in Delaware.
The basics in Delaware
| Court that handles probate | Delaware Register of Wills (county-level); Court of Chancery for contested matters |
|---|---|
| Find your court | courts.delaware.gov/chancery |
| Filing fee range | varies by county/court |
| About the fee | Filing fees commonly vary by court and by the type of probate proceeding. |
| Typical timeline | Standard administration: 6–12 months. Small estate or affidavit procedures: weeks to a few months. |
| What the estate's representative is called | Personal Representative / Executor / Administrator |
| Can you do it without a lawyer? | Self-representation is permitted in some matters; complex estates benefit from counsel. |
Small estates: the shortcut
Yes. Delaware has a simplified procedure for smaller estates, called Small estate affidavit. It is faster and cheaper than formal probate, and many families can handle it without a lawyer.
| Who qualifies | Personal property under approx $30,000 |
|---|---|
| Statute | 12 Del. C. §2306 |
Deadlines to know
| Admitting the will to probate | No strict statutory deadline in most states, but creditors' periods and beneficiary interests favor prompt filing |
|---|
When to get a lawyer
Plain situations with one heir and modest assets are often manageable alone. Get a probate attorney if there is real estate in more than one state, a business, a dispute among heirs, significant debt, or any question about whether the will is valid. One consultation early is cheaper than fixing a filing later. The state bar's referral service is linked below.
Want this organized for your situation? The free walkthrough asks a few questions about who died, where, and your relationship to them, and builds a checklist for the first days and weeks in Delaware.
More for Delaware
- Death certificates
- When there is no will
- Cremation rules
- Estate taxes and life insurance
- All Delaware topics
Primary sources
- Probate court directory: courts.delaware.gov/chancery
- State bar lawyer referral: dsba.org/for-the-public/find-a-lawyer