Question 1

What makes a will valid in Delaware?

Accepted Answer

Anyone 18 or older who is of sound and disposing mind and memory may make a will. The will must be in writing, signed by the will-maker (or by someone signing the will-maker's name in their presence and at their express direction), and signed by 2 or more credible witnesses in the will-maker's presence. A will that does not meet these requirements is void. A will is not invalid because an interested person signed it as a witness.

Question 2

Is a handwritten will valid in Delaware?

Accepted Answer

No. Delaware does not recognize handwritten, unwitnessed wills made in Delaware: every will must be signed in front of 2 witnesses, and a will that does not comply is void. A will validly made under the law of the place where it was signed may still be accepted.

Question 3

Does a will need to be notarized in Delaware?

Accepted Answer

Yes. A witnessed will can be made self-proved when it is signed or at any later date: the will-maker acknowledges the will and the witnesses swear affidavits before an officer authorized to give oaths (such as a notary), and the officer's certificate under seal is attached to the will. The statute gives the certificate wording.

Question 4

Who inherits if someone dies without a will in Delaware?

Accepted Answer

Surviving spouse: everything if the decedent left no descendants and no parent. If the decedent left a parent but no descendants, or left descendants who are all also the surviving spouse's descendants, the spouse takes the first $50,000 of personal property plus half of the rest of the personal property, plus a life estate in the real estate. If any of the decedent's descendants are not the surviving spouse's, the spouse takes half of the personal property plus a life estate in the real estate. Whatever does not go to the spouse goes to the decedent's descendants (by family branch), then parents equally, then the parents' descendants (siblings and their lines), then next of kin. An heir must outlive the decedent by 120 hours.

Question 5

What is a surviving spouse entitled to in Delaware?

Accepted Answer

A surviving spouse of a person who lived in Delaware may elect to take one-third of the elective estate (which includes many non-probate transfers), minus what the spouse already receives from the decedent. The spouse must file a petition in the Court of Chancery and mail or deliver it to the personal representative within 6 months after letters are granted (the court can extend this if asked before the deadline).

Question 6

What is the small estate limit in Delaware?

Accepted Answer

If the decedent's personal property (not counting jointly owned property and certain exempt items) is worth $50,000 or less and the decedent owned no Delaware real estate in their own name or as a tenant in common, a spouse, close relative, trustee of the decedent's trust, a qualified named executor or a licensed Delaware funeral director can collect the personal property by sworn affidavit. At least 30 days must have passed since death, no personal representative petition can be pending or granted, all known debts must be paid or provided for, and the surviving spouse's allowance must be paid, provided for, waived or expired. The affidavit is given to whoever holds the property.

Question 7

Is there a simplified probate process in Delaware?

Accepted Answer

Besides the small estate affidavit, the Register of Wills may allow notice to creditors by posting only (no newspaper publication) when the gross personal estate is $30,000 or less and the gross real and personal estate together are $35,000 or less. Delaware has no separate summary administration procedure.

Question 8

How does probate work in Delaware?

Accepted Answer

Probate is opened with the Register of Wills in the county where the decedent lived. The main steps are: the will is proved and letters testamentary or of administration are granted (after any required bond); the Register posts and publishes notice to creditors within 40 days of the grant of letters; the personal representative files an inventory and appraisal within 3 months after letters (with a copy in any other county where the decedent owned real estate); claims and expenses are paid; and the personal representative files an account every year from the date of letters until a final account is approved and the estate is closed. The personal representative generally has 1 year from the date of letters to settle the estate.

Question 9

How long do creditors have to file claims against an estate in Delaware?

Accepted Answer

Claims that arose before or at death are barred unless presented within 8 months of the date of death, whether or not notice to creditors was given. Claims arising after death must generally be presented within 6 months after they arise. If the personal representative rejects a claim in writing, the creditor must sue within 3 months after notice of the rejection.

Question 10

Who can be an executor in Delaware?

Accepted Answer

The person named in the will is granted letters testamentary. Without a will, letters of administration go first to the spouse, then children, then parents, then siblings; if no one in those classes is available or no petition is filed within 60 days after death, the Register of Wills may choose. Minors and mentally incapacitated persons cannot serve, and a person convicted of a crime that disqualifies them from taking an oath cannot serve unless the Register grants an exception. A personal representative who lives outside Delaware must file an irrevocable power of attorney naming the Register of Wills to accept legal papers. No bond is required unless the will requires one or the Court of Chancery orders it.

Question 11

Does Delaware allow transfer-on-death deeds?

Accepted Answer

Yes. An owner may transfer real estate to one or more beneficiaries at death with a transfer on death deed. The owner needs the same mental capacity as for a will. The deed must have all the formalities of a recordable deed with notarized signatures, be witnessed by 2 people (at least one not a beneficiary), state that the transfer happens at the owner's death, and be recorded with the county recorder of deeds before the owner dies. It can be revoked by a later recorded instrument, not by tearing it up. The statute includes an optional form.

Question 12

What does a quitclaim deed need to be valid in Delaware?

Accepted Answer

A deed is acknowledged before a notary public, a Delaware judge, the Superior Court, 2 justices of the peace of the same county, or the Mayor of Wilmington (deeds signed outside Delaware may be acknowledged as allowed for out-of-state acknowledgments). The grantee's address must be placed on or attached to the deed. Deeds are recorded with the Recorder of Deeds in the county where the land is located. Delaware's state realty transfer tax is 3% of the property's value, or 2.5% where the county or town levies its full 1.5% local transfer tax (about 4% combined in those places); the state tax is split equally between seller and buyer unless an exemption applies.

Question 13

What are the requirements for a power of attorney in Delaware?

Accepted Answer

Delaware has a statutory form Durable Personal Power of Attorney. A personal power of attorney must be in writing, dated, signed by the principal (or by someone at the principal's direction in their presence), signed in front of a notary, and signed in front of 1 adult witness who is not related to the principal and is not a beneficiary of the principal's will or trust. It is durable only if it contains words showing it continues if the principal becomes incapacitated (the statutory form includes them). An agent's signed certification is part of the statutory form.

Question 14

What are the requirements for a health care directive in Delaware?

Accepted Answer

Delaware has an optional Advance Health-Care Directive form in its Health-Care Decisions Act. Any adult with capacity can make a power of attorney for health care (naming an agent) and give health-care instructions. A power of attorney for health care must be in a record and signed by the person and by one adult witness who is not the agent, not the agent's spouse, domestic partner or cohabitant, and (for nursing home or long-term care residents) not connected to the facility. The witness may be present in person or by real-time audio-video (or audio in some cases). Notarization is not required.

Question 15

Does Delaware have an estate or inheritance tax?

Accepted Answer

No state estate or inheritance tax. Delaware's inheritance tax was repealed effective January 1, 1999, and its estate tax was repealed effective January 1, 2018.

Question 16

How do I make a living will in Delaware?

Accepted Answer

Under Delaware's Health-Care Decisions Act, an adult with capacity may create a "health-care instruction" stating preferences for future care, such as end-of-life treatment, which professionals or facilities to use, who should be consulted, and who should serve as default surrogate or guardian. A health-care professional who is given an instruction must record it in the medical record, and a later conflicting instruction revokes the earlier one to the extent of the conflict. The Act includes an optional Advance Health-Care Directive form that combines instructions with a power of attorney for health care; a separate advance mental health-care directive is also allowed.

Question 17

How do I make a medical power of attorney in Delaware?

Accepted Answer

Delaware calls it a "power of attorney for health care." It must be in a record, signed by the person, and signed by one adult witness who reasonably believes the act is voluntary and knowing, is not the agent or the agent's spouse, domestic partner or cohabitant, and, if the person lives or receives care in a nursing home or long-term care facility, is not connected to that facility. The witness may be present in person or by real-time audio-video (or audio in some cases). Notarization is not required. Certain people are disqualified from acting as agent, including a nursing home or long-term care facility owner, operator, employee or contractor (unless family) and anyone subject to a protection-from-abuse order or petition by the person.

Question 18

How do living trusts work in Delaware?

Accepted Answer

Delaware has not adopted the Uniform Trust Code; trusts are governed by Delaware's own trust statutes in Title 12 (Chapters 33 to 35). Revocable trusts are commonly used to avoid probate: assets retitled to the trustee pass under the trust terms without letters from the Register of Wills. After the settlor dies, claims that could have been brought against the settlor's estate may be brought against a trust that was revocable at death, subject to time limits, and a suit contesting the validity of a trust must be brought within the statutory deadline (for example, 120 days after the trustee gives written notice).

Question 19

What does an executor have to do in Delaware?

Accepted Answer

After letters are granted, the Register of Wills posts and publishes notice to creditors. Within three months after letters, the executor or administrator files an inventory and appraisal with the Register of Wills of the county that granted letters (and a copy in any other county where the decedent owned real estate), listing the decedent's goods, debts and credits. Claims arising before death are barred unless presented within eight months after death, whether or not notice to creditors was given. The personal representative must file an account every year from the date of letters until the estate is closed and a final account is approved by the Court of Chancery.

Question 20

How do I get letters testamentary in Delaware?

Accepted Answer

No one may act as executor or administrator of a Delaware decedent's estate without letters testamentary (with a will) or letters of administration (without a will) granted by the Register of Wills in the county where the decedent lived. The named executor petitions with the original will, death certificate and probate packet forms; without a will, priority goes to the spouse, then children, parents and siblings. No bond is required unless the will requires one or the Court of Chancery orders it. A nonresident personal representative must file an irrevocable power of attorney naming the Register of Wills to accept legal papers. Proof of authority is typically shown with a certified short certificate issued by the Register.

Question 21

Does Delaware have an affidavit of heirship?

Accepted Answer

No statute. Delaware has no statutory affidavit of heirship for real estate, and the small estate affidavit cannot be used if the decedent owned Delaware real estate solely or as a tenant in common. Real estate in the decedent's sole name passes through an estate opened with the Register of Wills, unless it passes by a transfer on death deed or survivorship.

Question 22

How can you avoid probate in Delaware?

Accepted Answer

Non-probate options in Delaware include: transfer on death deeds for real estate, recorded before death (25 Del. C. § 201 and following); transfer-on-death registration of securities and brokerage accounts under the Uniform TOD Security Registration Act (12 Del. C. §§ 801-812); jointly owned property, which is excluded from the small estate limit; property held in a funded revocable trust (12 Del. C. § 3337); and the small estate affidavit for personal property of $50,000 or less when there is no solely owned Delaware real estate (12 Del. C. § 2306).

Question 23

Where can I get a power of attorney form in Delaware?

Accepted Answer

Delaware has an optional statutory "Durable Personal Power of Attorney Form" with a notice and an agent's certification (12 Del. C. 49A-301); an agent may not act until signing the certification. A personal power of attorney must be in writing, dated, signed by the principal (or by another person signing the principal's name in the principal's presence at the principal's express direction), and signed in front of a notarial officer and one adult witness; the witness cannot be related to the principal by blood, marriage or adoption, or be entitled to any part of the principal's estate under an existing will, codicil or trust (49A-105). For health care, Delaware's optional "Advance Health-Care Directive" form is in 16 Del. C. 2511. A power of attorney for health care must be in a record, signed by the individual and by one adult witness who is present at signing; the witness cannot be the agent or the agent's spouse, domestic partner or cohabitant, or (in a nursing home or long-term care facility) an owner, operator, employee or contractor of the facility (2508(d)).

Question 24

How do I search probate court records in Delaware?

Accepted Answer

Estates are handled by the Register of Wills in each county (New Castle, Kent and Sussex), which records wills after death and other estate documents, oversees the appointment of personal representatives, and keeps estate matters as permanent records. Kent County offers an online Estate Search for its Register of Wills records.

Question 25

How do I transfer a car title after someone dies in Delaware?

Accepted Answer

The Delaware Division of Motor Vehicles requires an original estate document from the Register of Wills to retitle a deceased owner's vehicle: either a Small Estate Affidavit (for qualifying small estates, available 30 days after death) or a Short Certificate showing the appointed executor or administrator. Contact the county Register of Wills first, then take the original document and the title to the DMV. Photocopies of estate documents are not accepted.

Requirements for a valid will	Anyone 18 or older who is of sound and disposing mind and memory may make a will. The will must be in writing, signed by the will-maker (or by someone signing the will-maker's name in their presence and at their express direction), and signed by 2 or more credible witnesses in the will-maker's presence. A will that does not meet these requirements is void. A will is not invalid because an interested person signed it as a witness. Re-verified 2026-10-27. Source: 12 Del. C. §§ 201, 202, 203
Handwritten (holographic) wills	No. Delaware does not recognize handwritten, unwitnessed wills made in Delaware: every will must be signed in front of 2 witnesses, and a will that does not comply is void. A will validly made under the law of the place where it was signed may still be accepted. Re-verified 2026-10-27. Source: 12 Del. C. §§ 202, 1306
Self-proving affidavit	Yes. A witnessed will can be made self-proved when it is signed or at any later date: the will-maker acknowledges the will and the witnesses swear affidavits before an officer authorized to give oaths (such as a notary), and the officer's certificate under seal is attached to the will. The statute gives the certificate wording. Re-verified 2026-10-27. Source: 12 Del. C. § 1305

Probate steps	Probate is opened with the Register of Wills in the county where the decedent lived. The main steps are: the will is proved and letters testamentary or of administration are granted (after any required bond); the Register posts and publishes notice to creditors within 40 days of the grant of letters; the personal representative files an inventory and appraisal within 3 months after letters (with a copy in any other county where the decedent owned real estate); claims and expenses are paid; and the personal representative files an account every year from the date of letters until a final account is approved and the estate is closed. The personal representative generally has 1 year from the date of letters to settle the estate. Re-verified 2026-10-27. Source: 12 Del. C. §§ 1502, 1905, 2101, 2301, 2311
Simplified probate	Besides the small estate affidavit, the Register of Wills may allow notice to creditors by posting only (no newspaper publication) when the gross personal estate is $30,000 or less and the gross real and personal estate together are $35,000 or less. Delaware has no separate summary administration procedure. Re-verified 2026-10-27. Source: 12 Del. C. §§ 2101, 2306
Small estate affidavit	If the decedent's personal property (not counting jointly owned property and certain exempt items) is worth $50,000 or less and the decedent owned no Delaware real estate in their own name or as a tenant in common, a spouse, close relative, trustee of the decedent's trust, a qualified named executor or a licensed Delaware funeral director can collect the personal property by sworn affidavit. At least 30 days must have passed since death, no personal representative petition can be pending or granted, all known debts must be paid or provided for, and the surviving spouse's allowance must be paid, provided for, waived or expired. The affidavit is given to whoever holds the property. The limit was raised from $30,000 to $50,000 by 85 Del. Laws c. 281 (House Bill 333, approved June 10, 2026). The Register of Wills in each county handles small estate affidavits. Re-verified 2026-10-27. Source: 12 Del. C. § 2306
Deadline for creditor claims	Claims that arose before or at death are barred unless presented within 8 months of the date of death, whether or not notice to creditors was given. Claims arising after death must generally be presented within 6 months after they arise. If the personal representative rejects a claim in writing, the creditor must sue within 3 months after notice of the rejection. Re-verified 2026-10-27. Source: 12 Del. C. § 2102
Who can be executor	The person named in the will is granted letters testamentary. Without a will, letters of administration go first to the spouse, then children, then parents, then siblings; if no one in those classes is available or no petition is filed within 60 days after death, the Register of Wills may choose. Minors and mentally incapacitated persons cannot serve, and a person convicted of a crime that disqualifies them from taking an oath cannot serve unless the Register grants an exception. A personal representative who lives outside Delaware must file an irrevocable power of attorney naming the Register of Wills to accept legal papers. No bond is required unless the will requires one or the Court of Chancery orders it. Re-verified 2026-10-27. Source: 12 Del. C. §§ 1505, 1506, 1508, 1522
Finding probate court records	Estates are handled by the Register of Wills in each county (New Castle, Kent and Sussex), which records wills after death and other estate documents, oversees the appointment of personal representatives, and keeps estate matters as permanent records. Kent County offers an online Estate Search for its Register of Wills records. Kent estate search: https://www.kentcountyde.gov/Residents/Wills-Estates/Estate-Search Source: Kent County Levy Court, Wills & Estates (Register of Wills)

Financial power of attorney	Delaware has a statutory form Durable Personal Power of Attorney. A personal power of attorney must be in writing, dated, signed by the principal (or by someone at the principal's direction in their presence), signed in front of a notary, and signed in front of 1 adult witness who is not related to the principal and is not a beneficiary of the principal's will or trust. It is durable only if it contains words showing it continues if the principal becomes incapacitated (the statutory form includes them). An agent's signed certification is part of the statutory form. Re-verified 2026-10-27. Source: 12 Del. C. §§ 49A-104, 49A-105, 49A-301
Health care directive	Delaware has an optional Advance Health-Care Directive form in its Health-Care Decisions Act. Any adult with capacity can make a power of attorney for health care (naming an agent) and give health-care instructions. A power of attorney for health care must be in a record and signed by the person and by one adult witness who is not the agent, not the agent's spouse, domestic partner or cohabitant, and (for nursing home or long-term care residents) not connected to the facility. The witness may be present in person or by real-time audio-video (or audio in some cases). Notarization is not required. Re-verified 2026-10-27. Source: 16 Del. C. §§ 2507, 2508, 2511
Official power of attorney forms	Delaware has an optional statutory "Durable Personal Power of Attorney Form" with a notice and an agent's certification (12 Del. C. 49A-301); an agent may not act until signing the certification. A personal power of attorney must be in writing, dated, signed by the principal (or by another person signing the principal's name in the principal's presence at the principal's express direction), and signed in front of a notarial officer and one adult witness; the witness cannot be related to the principal by blood, marriage or adoption, or be entitled to any part of the principal's estate under an existing will, codicil or trust (49A-105). For health care, Delaware's optional "Advance Health-Care Directive" form is in 16 Del. C. 2511. A power of attorney for health care must be in a record, signed by the individual and by one adult witness who is present at signing; the witness cannot be the agent or the agent's spouse, domestic partner or cohabitant, or (in a nursing home or long-term care facility) an owner, operator, employee or contractor of the facility (2508(d)). Execution: https://delcode.delaware.gov/title12/c049a/sc01/index.html ; health care: https://delcode.delaware.gov/title16/c025/index.html Re-verified and corrected 2026-10-27. Source: 12 Del. C. 49A-105, 49A-301; 16 Del. C. 2508, 2511

Living will / advance directive	Under Delaware's Health-Care Decisions Act, an adult with capacity may create a "health-care instruction" stating preferences for future care, such as end-of-life treatment, which professionals or facilities to use, who should be consulted, and who should serve as default surrogate or guardian. A health-care professional who is given an instruction must record it in the medical record, and a later conflicting instruction revokes the earlier one to the extent of the conflict. The Act includes an optional Advance Health-Care Directive form that combines instructions with a power of attorney for health care; a separate advance mental health-care directive is also allowed. Delaware's health-care decisions law was rewritten by 84 Del. Laws c. 467. Re-verified 2026-10-27. Source: 16 Del. C. §§ 2507, 2509, 2511
Medical power of attorney	Delaware calls it a "power of attorney for health care." It must be in a record, signed by the person, and signed by one adult witness who reasonably believes the act is voluntary and knowing, is not the agent or the agent's spouse, domestic partner or cohabitant, and, if the person lives or receives care in a nursing home or long-term care facility, is not connected to that facility. The witness may be present in person or by real-time audio-video (or audio in some cases). Notarization is not required. Certain people are disqualified from acting as agent, including a nursing home or long-term care facility owner, operator, employee or contractor (unless family) and anyone subject to a protection-from-abuse order or petition by the person. Re-verified 2026-10-27. Source: 16 Del. C. §§ 2508, 2511
Revocable living trust	Delaware has not adopted the Uniform Trust Code; trusts are governed by Delaware's own trust statutes in Title 12 (Chapters 33 to 35). Revocable trusts are commonly used to avoid probate: assets retitled to the trustee pass under the trust terms without letters from the Register of Wills. After the settlor dies, claims that could have been brought against the settlor's estate may be brought against a trust that was revocable at death, subject to time limits, and a suit contesting the validity of a trust must be brought within the statutory deadline (for example, 120 days after the trustee gives written notice). Re-verified 2026-10-27. Source: 12 Del. C. §§ 3337, 3546
Ways to avoid probate	Non-probate options in Delaware include: transfer on death deeds for real estate, recorded before death (25 Del. C. § 201 and following); transfer-on-death registration of securities and brokerage accounts under the Uniform TOD Security Registration Act (12 Del. C. §§ 801-812); jointly owned property, which is excluded from the small estate limit; property held in a funded revocable trust (12 Del. C. § 3337); and the small estate affidavit for personal property of $50,000 or less when there is no solely owned Delaware real estate (12 Del. C. § 2306). Re-verified 2026-10-27. Source: 25 Del. C. §§ 205, 208, 216; 12 Del. C. §§ 801, 2306, 3337

Executor's duties	After letters are granted, the Register of Wills posts and publishes notice to creditors. Within three months after letters, the executor or administrator files an inventory and appraisal with the Register of Wills of the county that granted letters (and a copy in any other county where the decedent owned real estate), listing the decedent's goods, debts and credits. Claims arising before death are barred unless presented within eight months after death, whether or not notice to creditors was given. The personal representative must file an account every year from the date of letters until the estate is closed and a final account is approved by the Court of Chancery. Re-verified and corrected 2026-10-27. Source: 12 Del. C. §§ 1905, 2102, 2301
Letters testamentary	No one may act as executor or administrator of a Delaware decedent's estate without letters testamentary (with a will) or letters of administration (without a will) granted by the Register of Wills in the county where the decedent lived. The named executor petitions with the original will, death certificate and probate packet forms; without a will, priority goes to the spouse, then children, parents and siblings. No bond is required unless the will requires one or the Court of Chancery orders it. A nonresident personal representative must file an irrevocable power of attorney naming the Register of Wills to accept legal papers. Proof of authority is typically shown with a certified short certificate issued by the Register. Re-verified 2026-10-27. Source: 12 Del. C. §§ 1501, 1505, 1506, 1508, 1522
Affidavit / determination of heirship	No statute. Delaware has no statutory affidavit of heirship for real estate, and the small estate affidavit cannot be used if the decedent owned Delaware real estate solely or as a tenant in common. Real estate in the decedent's sole name passes through an estate opened with the Register of Wills, unless it passes by a transfer on death deed or survivorship. Re-verified 2026-10-27. Source: 12 Del. C. § 2306
Transferring a car after death	The Delaware Division of Motor Vehicles requires an original estate document from the Register of Wills to retitle a deceased owner's vehicle: either a Small Estate Affidavit (for qualifying small estates, available 30 days after death) or a Short Certificate showing the appointed executor or administrator. Contact the county Register of Wills first, then take the original document and the title to the DMV. Photocopies of estate documents are not accepted. Source: New Castle County Register of Wills, Small Estate Affidavit pamphlet; Delaware DMV Titles; 12 Del. C. § 2306

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