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    Delaware guide

    What to do when someone dies in Delaware

    If you're settling an estate in Delaware, probate runs through the Register of Wills — a county office, not a court — similar to Pennsylvania's structure but with its own forms and fees. The small estate limit is $50,000 in personal property, and the surviving spouse has elective share rights to one-third of the estate.

    Content updated: October 2026

    What's unique in Delaware

    State-specific rules that affect how an estate is handled here.

    Register of Wills probate

    Delaware probate is handled by the Register of Wills in each of the state's three counties. Simplified procedures may be available for smaller estates.

    Elective share rights

    A surviving spouse in Delaware has the right to elect to take one-third of the net estate, even if the will leaves them less.

    State income tax return required

    Delaware has its own income tax. A final state return must be filed. If the deceased was a state employee, the State Employee Benefits Committee handles pension and benefits.

    DMV vehicle transfer

    Vehicle titles in Delaware transfer through the Division of Motor Vehicles. The executor will need the title, death certificate, and letters testamentary.

    A glimpse at what Order covers in Delaware

    These are just a few of the Delaware-specific tasks Order surfaces automatically when you select your state.

    File for Delaware probate in Register of WillsLegal & Estate

    Delaware probate runs through the Court of Chancery — not a dedicated probate court. File in the county where the deceased lived. Simplified procedures may be available for smaller estates.

    Review Delaware elective share rightsLegal & Estate

    Surviving spouse may claim one-third of the net estate — must act within the required timeframe after the estate is opened.

    Review Delaware spousal homestead rightsLegal & Estate

    Delaware provides certain protections for surviving spouses regarding the family home and personal property during estate administration.

    Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.

    Official resources for Delaware

    Delaware Court of ChanceryOpen the estate in the Court of Chancery, Delaware's probate jurisdictionDelaware Division of RevenueFile the final state income tax return and any estate tax obligationsDelaware DMVTransfer vehicle titles to heirs using estate documentationDelaware Office of PensionsNotify the pension and apply for any survivor benefit for state employeesDelaware Office of Veterans ServicesApply for the $14,000 assessment reduction for surviving spouses and burial eligibility at Delaware Veterans Memorial Cemetery in Bear

    What families commonly miss in Delaware

    • Families unfamiliar with Delaware's legal structure are often surprised to find that probate runs through the Court of Chancery — the same equity court that handles major corporate disputes — rather than a dedicated probate court, and non-residents who owned Delaware business entities face an extra layer of complexity.
    • Families often don't realize that owning shares or interests in a Delaware-incorporated business — even if you never lived in Delaware — can require a separate Delaware ancillary administration proceeding alongside the home-state probate.
    • Many Delaware executors don't realize how strictly the courts enforce administration deadlines — the asset inventory is due within three months of appointment, and missing it draws immediate court scrutiny even in otherwise uncomplicated estates.

    Deeper reading

    Probate: what families need to know

    Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Delaware.

    Military families in Delaware

    Delaware has additional veteran & survivor benefits

    • Apply for Delaware property tax exemption (surviving spouse of veteran)
    • Contact Delaware Veterans Memorial Cemetery

    Delaware-specific

    Start these Delaware-specific tasks in Order

    These tasks appear automatically in your checklist when you select Delaware as your state.

    File for Delaware probate in Register of WillsLegal & Estate

    Produce the will to the Register of Wills.

    Review Delaware elective share rightsLegal & Estate

    Surviving spouse entitled to one-third of elective estate

    Transfer vehicle at Delaware DMVLegal & Estate

    Submit title application with letters testamentary

    Plus dozens more tasks added automatically for Delaware families.

    Order walks your family through every step, for Delaware and beyond.

    One-time purchase. Lifetime access. Unlimited family members. Everything your family needs, organized in one place.

    Covers all 50 states + DC · Jurisdiction-specific tasks added automatically

    See guides for other states

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