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Delaware Probate Timeline Calculator

Delaware's creditor clock starts at death, not at publication — and the estate itself sits under the jurisdiction of the Court of Chancery, the same court famous for deciding corporate law disputes.

Based on 12 Del. C. § 2104 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Your Delaware probate

Pick the options that match your estate — the estimate updates instantly.

Estimated timeline in Delaware
8–12 months
Uncontested, standard administration
Why the Court of Chancery? →
Facing probate in Delaware?

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Delaware's probate timeline, at a glance

MilestoneDelaware ruleSource
Distribution Without Letters eligible$50,000 or less personal estate, no solely-owned or tenant-in-common DE real estate, 30-day wait12 Del. C. § 2306
Notice to creditors publishedOnce a week, 3 consecutive weeks§ 2104
Creditor claim bar8 months from the date of death§ 2104
Register of Wills filing feeSliding scale, ~$30–$1,905+, set per county§ 2510
County closing-cost percentage~1.25%–1.75% of net personal estate, charged at closingCounty Register of Wills schedule

Delaware probate timeline — frequently asked questions

How long does probate take in Delaware?

Simple, uncontested estates commonly take 8 to 12 months, driven by the 8-month creditor claim period that runs from the date of death.

How long do Delaware creditors have to file a claim?

8 months from the date of death — not from publication of notice. This is unusual; most other states tie the creditor bar to when notice is first published.

Which court has jurisdiction over Delaware probate?

The Court of Chancery, Delaware's well-known equity and corporate law court. Each county's Register of Wills handles day-to-day filings, acting as a Clerk of the Court of Chancery.

Does Delaware have an estate or inheritance tax?

No. Delaware repealed its estate tax effective January 1, 2018, and its inheritance tax effective January 1, 1999.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.

Delaware probate tools & guides

Delaware Probate DeadlinesEvery statutory date, with citations What Delays Probate in DelawareThe real causes, beyond the baseline Why the Court of Chancery Handles EstatesA corporate law court and probate Delaware Probate vs Living TrustWould a trust have avoided this?

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Delaware statute (12 Del. C. § 2104, 2306, 2510). Actual timelines depend on the specific county's Register of Wills and Court of Chancery, and whether the estate is contested. Confirm current timelines with your county Register of Wills or a licensed Delaware attorney before acting.