Delaware probate runs on a set of filings and deadlines that start the moment letters are issued. This guide walks you through each step with the actual statute citation and the current small estate threshold.
We’re not yet live in Delaware — the guide below is still accurate, and you can join the waitlist to be the first to know when a Delaware-licensed attorney is available.
Delaware recognizes 2 paths. The right one depends on the will, the value of the estate, and whether all beneficiaries agree.
Personal representative acts independently with minimal court supervision. No court approval required for distributions or property sales after initial appointment.
Full court supervision. Court approval required for all major actions including distributions and property sales.
These are the filings ordered the way they actually happen in a typical Delaware estate. Each deadline is keyed to the triggering event — death, letters issued, first publication — and tied to the statute.
File Petition for Probate of Will with Register of Wills or Court of Chancery
Clerk publishes notice in newspaper. Includes notice to creditors.
List all known assets with market values. Include real estate, personal property, financial accounts.
Wait for creditor claims deadline. Personal representative investigates and allows/disallows claims.
Independent: file account with court. Supervised: file formal accounting with court approval.
Distribute remaining assets to beneficiaries per will or Delaware intestacy law.
File final account and obtain order of discharge from court.
After the personal representative is appointed, a notice to creditors must be published once for 1 week. Creditors then have a limited window to file claims; claims filed after the deadline are generally barred.
Direct mailing is also required to Each heir, Each devisee, Known creditors (if known).
If the gross estate is small enough, Delaware allows a simplified path that skips most of the formal probate machinery. Faster, cheaper, and — done right — every bit as final.
Probate is filed in the county where the decedent lived at the time of death. A sample of active Delaware courts:
Most Delaware estates close in 6–12 months. The floor is set by the creditor claim period (3 months (fixed statutory period).) plus the time to file inventory, settle debts, and prepare the final accounting. Estates with real property sales, tax returns, or disputes run longer.
Yes. If the gross estate is $30,000 or less and at least 60 days have passed since the date of death, you can generally use a small estate affidavit or collection procedure instead of full probate. Citation: 12 Del. C. § 2101.
Delaware recognizes independent or supervised administration. independent — Personal representative acts independently with minimal court supervision. No court approval required for distributions or property sales after initial appointment. supervised — Full court supervision. Court approval required for all major actions including distributions and property sales.
After the personal representative is appointed, a notice to creditors must be published once in a qualifying newspaper for 1 week. Creditors then have 3 months (fixed statutory period). Claims filed after the deadline are barred. Citation: 12 Del. C. § 1901.
Delaware law doesn't strictly require an attorney, but most personal representatives retain one. Court rules, creditor notice requirements, tax returns, and fiduciary accounting obligations create personal liability for the personal representative if they're done incorrectly. A flat-fee attorney through Closewell handles filings, statutory notices, inventory, and accounting with fixed pricing and no hourly billing.
Court filing fees in Delaware typically run $200–$500, plus publication costs of $100–$300 for the creditor notice. Attorney fees are the biggest variable — traditional hourly counsel on a routine estate often bills $5,000–$15,000, while flat-fee services like Closewell price the same work from $1,400–$4,500 depending on complexity. Bond premiums, appraisals, and tax preparation are additional.
Closewell launches state by state so every matter is handled by a licensed attorney in your jurisdiction. Drop your email and we’ll tell you the day a Delaware-licensed attorney is available.