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Settling an estate in Delaware

In Delaware, probate typically takes 6-12 months. Estates under $30,000 can usually use a simpler small-estate process. Delaware has no state estate tax and no inheritance tax.

The key numbers

Reviewed January 2026
Typical probate timeline
6-12 months
Small estate limit
$30,000
Small estate process
Small estate procedures for estates under $30K.
Deadline to file the will / open probate
No strict deadline
State estate tax
No
Inheritance tax
No
Executor pay
Reasonable compensation, typically 2-3% of estate value.
Community property state
No
Homestead protection
Limited homestead protections

Deadlines to know

Creditor claims period
8 months from date of qualifying
Final income tax
April 15 of following year

Common questions

How long does probate take in Delaware?

Probate in Delaware typically takes 6-12 months. Simple estates move faster; disputes, real estate in other states, or a business can stretch it.

What is the small estate limit in Delaware?

$30,000. Small estate procedures for estates under $30K.

Does Delaware have an estate or inheritance tax?

No. Delaware has no state estate tax. It has no inheritance tax.

How much does an executor get paid in Delaware?

Reasonable compensation, typically 2-3% of estate value.

Next steps

Read the full Delaware estate settlement guide, or start with Executor 101.

Get a Delaware checklist with Afterward →

Figures last reviewed January 2026. Laws change, and this is general information, not legal advice. Confirm with the Delaware probate court in the county where your loved one lived, or a local estate attorney.