Executor Deadlines in Delaware

Quick answer

In Delaware the creditor-claim clock runs from the date of death (claims), and the grant of letters (inventory). Eight months from the date of death. Delaware runs this period from death itself and states expressly that it applies whether or not the notice to creditors was given, so publication does not start, extend, or shorten it.

⚠️ Educational information only — not legal, tax, or financial advice.

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.

When the clock starts in Delaware

The single fact that governs every other date on this page: in Delaware the creditor-claim period runs from the date of death (claims), and the grant of letters (inventory).

This is not the same in every state. Some states run the period from the date of death, others from the date letters are issued to the personal representative, others from first publication of the notice to creditors. A deadline calculated from the wrong event is simply wrong, and a missed claim deadline is not curable.

Delaware deadlines at a glance

Deadline Delaware Statute
Inventory Three months after the granting of letters testamentary or of administration. The inventory and appraisal is filed with the Register of Wills in the county where letters were granted, and a copy is filed in any other county where the decedent owned real estate. 12 Del. C. §1905(a)
Creditor claim period Eight months from the date of death. Delaware runs this period from death itself and states expressly that it applies whether or not the notice to creditors was given, so publication does not start, extend, or shorten it. 12 Del. C. §2102(a)
Outer claim bar The eight-month period in §2102(a) is itself the bar, and it runs from death regardless of notice. Separately, a claim that has been rejected by the executor or administrator is barred forever unless suit is commenced within three months after rejection (§2102©). 12 Del. C. §2102(a), ©

The inventory deadline, as written

Every executor or administrator shall, within 3 months after the granting of letters testamentary or of administration, file in the office of the Register of Wills of the county in which the letters have been granted, an inventory and appraisal…

— 12 Del. C. §1905(a)

The creditor-claim period, as written

All claims against a decedent's estate which arose before or at the death of the decedent… if not barred earlier by other statute of limitations, are barred against the estate, the personal representative and the heirs and devisees of the decedent unless presented as provided in §2104 of this title within 8 months of the decedent's death whether or not the notice referred to in §2101 of this title has been given.

— 12 Del. C. §2102(a)

What this page does not state

Where a figure is not recorded above, it is because it was not found in the statute cited — not because no deadline exists. Court rules, local rules, and standing orders set additional dates that are not part of the statutory text, and those are not reproduced here. Confirm every date against the Delaware court handling the estate.

Sources

Executor deadlines in other states

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This page reproduces Delaware statutory deadlines as published at the time of verification. It is not legal advice. Statutes are amended, court rules impose additional dates, and application depends on the specific estate. Confirm every date with the Delaware court or a licensed Delaware attorney.