The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Delaware with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Delaware reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Delaware probate pages.
Delaware probate fees
| Item | Delaware |
|---|---|
| Court filing fee | Delaware sets no statewide Register of Wills probate fee. 12 Del. C. §2510 provides that 'the governing body of each county shall determine the fees which shall be charged by the Register of Wills of that county,' so the amount differs between New Castle, Kent and Sussex. Two fees are fixed by statute: $5 to deposit a will during the testator's lifetime and $1 for the testator to examine it (12 Del. C. §2513). We have not verified the current county schedules against a primary source. |
| Attorney fees | Not statutory. The Court of Chancery may review fees for reasonableness. |
| Executor / personal representative fees | Reasonable compensation, not a fixed percentage. 12 Del. C. §2305(a) provides that commissions and attorneys' fees "shall be allowed as provided by rule of the Court of Chancery", and Court of Chancery Rule 192 lists the reasonableness factors; the older percentage schedule was repealed. Two conditions sit in the same section: under (b) no commission is allowed to an executor or administrator who has not complied with Chapter 13 of Title 30, the penalty applying one month after notice of delinquency from the Division of Revenue, and under (c) the Court may reduce commissions and attorneys' fees where the accounts this chapter requires are not filed in time. No named, dated published source for what Delaware estates actually pay was read, so no percentage is stated here. |
| Fee basis | reasonable |
| Appraisal / referee | Not used. Delaware does not appoint a state appraiser. The personal representative files an inventory (with appraisals where required) with the county Register of Wills. |
Worked example
Delaware fixes no statutory percentage; the commission is what the Register of Wills or the Court of Chancery allows as reasonable, and either may reduce a fee it finds unreasonable. We found no named, dated published source for what is allowed in practice, so no figure is stated here.
Delaware thresholds and deadlines
| Item | Delaware |
|---|---|
| Small-estate threshold | 12 Del. C. §2306 is captioned "Distribution of decedent’s property without grant of letters where estate assets do not exceed $50,000", and §2306(a)(3) requires the affidavit to state that the value of the decedent’s personal estate, other than property described in §1901(b) and (c) and other than jointly owned property, "does not exceed $50,000". The affidavit must also state that no petition for a personal representative is pending or granted (a)(1), that thirty days have elapsed since the death (a)(2), that known debts are paid or provided for (a)(4), that the surviving spouse’s allowance under §2308 is paid, provided for, waived or lapsed (a)(5), and that the decedent "did not own real estate in Delaware, either solely or as tenants in common" (a)(6). §2306(b) gives preference to a qualified named executor, then the spouse, child, parent, sibling, grandchild or grandparent, then a licensed Delaware funeral director. |
| Creditor claim period | Claims arising before death are barred unless presented within 8 months of the date of death, under 12 Del. C. § 2102 — one of the longer nonclaim periods in the country. |
| Statutory floor (creditor period) | Claims arising before death are barred unless presented within 8 months of the date of death, under 12 Del. C. § 2102 — one of the longer nonclaim periods in the country. |
| Transfer-on-death deed | Delaware now authorizes a transfer-on-death (beneficiary) deed for real estate. It adopted the Uniform Real Property Transfer on Death Act (25 Del. C. Ch. 2), signed in 2025 and effective December 5, 2025, so an owner can record a TOD deed naming a beneficiary and the property passes outside probate at death. |
What passes outside Delaware probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- Transfer-on-death deed — Delaware now authorizes a transfer-on-death (beneficiary) deed for real estate. It adopted the Uniform Real Property Transfer on Death Act (25 Del. C. Ch. 2), signed in 2025 and effective December 5, 2025, so an owner can record a TOD deed naming a beneficiary and the property passes outside probate at death.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: 12 Del. C. § 2306 (small estate affidavit); 12 Del. C. § 2102 (creditor claim limitation); 25 Del. C. Ch. 2 (Uniform Real Property Transfer on Death Act); Del. Ct. Ch. R. 192 (fiduciary commissions and fees)
- State authority: Delaware Court of Chancery / Register of Wills (courts.delaware.gov)
- Creditor claim period: https://delcode.delaware.gov/title12/c021/index.html
- Small-estate threshold: https://delcode.delaware.gov/title12/c023/sc01/index.html
- Transfer-on-death deed: https://delcode.delaware.gov/title25/c002/index.html
- Court filing fees: https://delcode.delaware.gov/title12/c025/index.html
- Small-estate procedure: https://delcode.delaware.gov/title12/c023/sc01/index.html
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Delaware court before relying on it.
The full Delaware guides
- How Much Does Probate Cost in Delaware? — the full cost breakdown.
- How Much Does an Executor Get Paid in Delaware? — the fee rule in detail.
- How Long Does Probate Take in Delaware? — the timeline and its statutory floor.
- Executor Deadlines in Delaware — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in Delaware — the transfers that pass outside it.
- How Much Does a Will Cost in Delaware? — execution requirements and pricing.
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This sheet sets out Delaware probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Delaware courts or a licensed Delaware attorney.