Delaware
Estate law, probate process, and inheritance rules for Delaware — in plain language.
$2,500–$5,000 typical
Affidavit procedure 12 Del. C. §2305
Elective share: 1/3 of net estate (12 Del. C. §901)
Spouse + descendants of marriage: spouse takes first $50K + 1/2 of remainder.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed promptly after death
- ⏱Notice to creditors: 8 months
- ⏱Inventory: within 3 months
- ⚠Delaware is known for trust-friendly law — many out-of-state residents establish DE trusts
- ⚠DE Chancery Court handles complex trust disputes
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →Consider DE dynasty trust for multi-generational planning
- →DE income tax favorable for trusts (limited grantor-trust taxation)
- Title 12 Del. C. (Decedents' Estates and Fiduciary Relations)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Delaware.
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