Quick answer: Delaware does not set probate attorney fees by a statutory percentage — the standard comes from Court of Chancery Rule 192, requiring only a reasonable amount, referenced by 12 Del. C. § 2305. Delaware attorneys most commonly bill hourly, around $250–$450 per hour. Estimate the whole picture in the Delaware probate cost calculator.
A Court of Chancery rule, not a percentage statute
§ 2305 and Rule 192: both the executor's commission and the attorney's fee are governed by the same statute, which points to the Court of Chancery's own rule — requiring a reasonable amount, with no percentage or schedule anywhere. The Court can reduce fees if the required accounts aren't filed on time.
How Delaware probate lawyers bill
- Hourly — the most common method, commonly $250–$450 per hour.
- Flat fee — for a routine, uncontested estate.
- Percentage of estate value — by agreement in some cases; reported figures often fall in a rough 2%–4% range, but this is a market pattern, not a legal rate.
Facing probate in Delaware?
Talk to a Delaware attorneyA local probate attorney can review your estate — many offer a free consultation.
Questions to ask before hiring
- Do you bill hourly, flat, or as a percentage — and what's your estimate for an estate like mine?
- What does the Court of Chancery typically approve for a similar estate?
- Can this estate use Distribution Without Letters ($50,000) and skip full probate?
- What is your county's Register of Wills filing fee and closing-cost percentage?
Ways to reduce legal fees
- Distribution Without Letters — personal estate up to $50,000, no Delaware real estate, usually far less attorney time.
- Stay organized — a clean inventory cuts billable hours.
- File accounts on time — late accounts can reduce what the Court of Chancery allows.