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 | Register of Wills probate fees are set by each county (New Castle, Kent, Sussex) and scale modestly with estate size — roughly $100 to $350 for most estates, plus small per-page and short-certificate fees. |
| Attorney fees | Not statutory. Attorneys charge a flat fee ($3,000–$6,000 for routine administration) or hourly ($250–$450/hr). The Court of Chancery may review fees for reasonableness. |
| Executor / personal representative fees | Reasonable compensation, not a fixed percentage. Court of Chancery Rule 192 lists the reasonableness factors (the old percentage schedule was repealed); simple estates commonly land around 1%–3%, and family executors often waive it. |
| 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
On a $500,000 Delaware estate there is no statutory percentage; a commission of about 2–4% ($10,000–$20,000) would be typical for ordinary administration, with the Register of Wills / Court of Chancery able to reduce a fee it finds unreasonable.
Delaware thresholds and deadlines
| Item | Delaware |
|---|---|
| Small-estate threshold | Personal estate of $30,000 or less (excluding real estate and jointly held or beneficiary assets) can pass by small-estate affidavit under 12 Del. C. § 2306, beginning 30 days after death, without a grant of letters. |
| 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. |
| Typical duration | About 8 to 12 months for a routine estate; the 8-month creditor window sets the practical floor. |
| 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://law.justia.com/codes/delaware/title-12/chapter-23/subchapter-i/section-2306/
- Transfer-on-death deed: https://delcode.delaware.gov/title25/c002/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.