How probate costs work in Delaware
Delaware has not adopted the Uniform Probate Code — it runs its own framework under Title 12. Estates are administered by the Register of Wills in New Castle, Kent, or Sussex County, but jurisdiction over the estate itself belongs to the Court of Chancery, Delaware's famous equity court; each Register acts as a Clerk of that court.
1. Executor commission — set by a Court of Chancery Rule, not a statute
12 Del. C. § 2305: commissions and attorneys' fees are allowed "as provided by rule of the Court of Chancery" — specifically Court of Chancery Rule 192, which requires only a "reasonable amount." No percentage, no schedule. The Court can reduce the commission if required accounts aren't filed on time, and no commission is allowed at all until the executor has complied with certain state tax-filing requirements.
Reported Delaware executor fees often land in a rough 2%–4% range of estate value in practice, but that's a market pattern, not a legal rate — any figure shown here is an illustrative estimate. Family executors frequently waive the commission.
2. Attorney fee — the same statute, same rule
Same source: § 2305 and Court of Chancery Rule 192 cover the attorney's fee alongside the executor's commission — both reasonable, neither fixed by percentage. Delaware attorneys most commonly bill hourly, around $250–$450 per hour, or a flat fee for a routine estate.
3. Court & other costs
- Register of Wills filing fee — a sliding scale from about $30 to $1,905 or more, based on estate value; each county sets its own schedule under § 2510.
- Closing-cost percentage — charged separately when the estate closes, on the net personal estate: roughly 1.25%–1.75% depending on the county, plus a small technology fee in some counties.
- Publication to creditors — newspaper notice, three consecutive weeks; claims are barred 8 months from the date of death.
- Bond — generally required unless waived by the will or all interested parties.
4. No Delaware death tax
No estate or inheritance tax: Delaware repealed its estate tax effective January 1, 2018, and its inheritance tax effective January 1, 1999. Only the federal estate tax can apply, above the federal exemption — so nearly all Delaware estates owe no death tax.
5. When probate can be simplified in Delaware
- Distribution Without Letters (12 Del. C. § 2306) — personal estate of $50,000 or less (raised from $30,000 statewide, effective June 10, 2026), no Delaware real estate solely owned or held as tenant in common, 30 days after death.
| Cost component | Delaware figure | Source |
|---|---|---|
| Executor commission | Reasonable, Ct. Ch. Rule 192 (often waived) | § 2305 |
| Attorney fee | Reasonable; ~2%–4% reported | § 2305 |
| Register of Wills filing fee | ~$30–$1,905+, sliding scale | § 2510 |
| Small estate (Distribution Without Letters) | $50,000 | § 2306 |
| State estate / inheritance tax | None | DE Div. of Revenue |