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Delaware Real Estate Sale: Costs & Commission Explained

A Court of Chancery rule sets the commission, and the filing fee alone can range anywhere from $30 to nearly $2,000.

12 Del. C. §2305, §2510

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: the ordinary 5-6% realtor commission applies as usual, plus an executor commission set by Court of Chancery rule with no fixed percentage, plus a filing fee that scales widely with estate value. See how this plays out for your own numbers in the Delaware probate real estate sale calculator.

A rule, not a statutory schedule

Confirmed current: Delaware allows executors to receive reasonable compensation under 12 Del. C. §2305 — commissions "as provided by rule of the Court of Chancery," with no statutory percentage. Typical executor fees range from 2% to 4% of estate value.

A filing fee that spans a genuinely wide range

Filing fees start at $30 and can run up to $1,905, based on estate value, under 12 Del. C. §2510 — a much wider spread than the flatter, single-figure filing fees many other states charge.

Attorney fees follow a similar pattern

Attorney fees are negotiated, typically 2% to 4% of estate value, with flat-fee arrangements common for straightforward estates — on top of, not instead of, the executor's own commission.

No state estate or inheritance tax to budget for

Delaware imposes neither, so only the federal estate tax, with its much higher threshold, can apply to a Delaware estate.

Facing probate in Delaware?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Delaware attorney

The §2305 commission rule and the §2510 fee schedule apply the same way whether the Register of Wills is in New Castle, Kent, or Sussex County.

Sale costs and commission — frequently asked questions

Is there a fixed percentage for a Delaware executor's commission?

No — commissions are set as provided by rule of the Court of Chancery, with no statutory percentage, though typical fees run 2% to 4% of estate value.

How wide is the range for Delaware's probate filing fee?

$30 to $1,905, based on estate value under 12 Del. C. §2510 — a genuinely wide range compared to many states' flatter fee schedules.

What do attorney fees typically run?

Fees are negotiated, typically 2% to 4% of estate value, with flat-fee arrangements common for straightforward estates.

Does Delaware have a state estate or inheritance tax on top of these costs?

No — Delaware imposes neither, so only the federal estate tax, with its much higher threshold, can apply to a Delaware estate.

What does it cost to sell real estate during probate in Delaware?

The ordinary 5-6% realtor commission applies as usual, plus an executor commission set by Court of Chancery rule with no fixed percentage, plus a filing fee that scales widely with estate value.

Keep going

Delaware Probate Real Estate Sale CalculatorYour estimate, based on your answers Court Approval to Sell in DelawareThe Court of Chancery, explained Capital Gains Tax on the Sale in DelawareUp to 6.6%, taxed as ordinary income Delaware Executor Fee CalculatorCourt of Chancery commissions, explained

This page provides general guidance only and is not legal, tax, or financial advice. Based on 12 Del. C. §2305, §2510. Confirm current figures with a licensed Delaware attorney or real estate professional before acting.