Revocable Living Trusts in Delaware
How revocable living trusts work under Delaware law and the other ways to pass property without probate.
Short 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). 12 Del. C. §§ 3337, 3546
| 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 |
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| 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. |
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FAQ
How do living trusts work in Delaware?
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).
How can you avoid probate in Delaware?
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).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.