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Delaware Probate Deadlines: What to File and When

Delaware ties its creditor clock to the date of death itself, and backs up its filing deadlines with a rule most states don't have: a commission the court can simply take away.

12 Del. C., Title 12, Chapter 21 & 23

By the FigureMyTax Editorial Team · How we calculate

Quick answer: the deadline that shapes the whole schedule is the 8-month creditor bar under § 2104 — measured from the date of death, not from publication. See the full Delaware probate timeline calculator for your specific estimate.

The core deadlines, in order

DeadlineDelaware ruleStatute
Distribution Without Letters eligible30 days after death; $50,000 or less personal estate§ 2306
Notice to creditors publishedOnce a week, 3 consecutive weeks§ 2104
Creditor claim bar8 months from the date of death§ 2104
Commission eligibility gateNo commission until state tax-filing requirements are met§ 2305
Timely accountingCourt may reduce commission if accounts filed lateCt. Ch. Rule 192

Death, not publication

Worth understanding clearly: Delaware's nonclaim statute, § 2104, bars creditor claims 8 months after the date of death — not from when notice is first published, as in most other states. This means the family's own speed in opening the estate doesn't shift the ultimate bar date the way it does elsewhere; the 8-month clock is already running the moment the decedent dies.

A commission the court can take away

Delaware backs up its filing deadlines with real financial consequences. Under § 2305 and Court of Chancery Rule 192, no executor commission is allowed at all until the executor has complied with certain state tax-filing requirements — and separately, the court can reduce the commission outright if required accounts aren't filed on time. Missing a filing deadline here isn't just a procedural slip; it can directly cost the executor money.

Facing probate in Delaware?

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

Talk to a Delaware attorney

Delaware probate deadlines — frequently asked questions

Why is Delaware's 8-month creditor deadline tied to death rather than publication?

Delaware's non-claim statute, 12 Del. C. Section 2104, sets the bar from the date of death itself, unlike most other states, which tie the clock to when notice to creditors is first published in a newspaper.

Can a Delaware executor collect a commission before filing state tax paperwork?

No — no commission is allowed at all until the executor has complied with certain state tax-filing requirements, a condition built directly into the commission rule.

Can the Court of Chancery reduce a Delaware executor's commission?

Yes — the court can reduce the commission if required accounts aren't filed on time, giving the timely-accounting deadline real financial teeth.

When can Delaware's Distribution Without Letters procedure be used?

30 days after death, when the personal estate is $50,000 or less and the decedent held no Delaware real estate solely or as a tenant in common.

Keep going

Delaware Probate Timeline CalculatorYour estimate, based on your answers What Delays Probate in DelawareBeyond the statutory floor Why the Court of Chancery Handles EstatesA corporate law court and probate Delaware Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on 12 Del. C. § 2104, 2305, 2306, and Court of Chancery Rule 192. Confirm current deadlines with your county Register of Wills or a licensed Delaware attorney.