Probate in Delaware

When Is Probate Required?

Probate is generally required in Delaware when:

• The deceased owned real estate solely in their name
• The estate contains assets above the $30,000 small estate threshold
• There are disputes among heirs or creditors
• Assets are not held in a trust, joint tenancy, or have designated beneficiaries

When Probate May Be Avoided

• Assets held in a revocable living trust
• Property owned as joint tenants with right of survivorship
• Accounts with named beneficiaries (life insurance, retirement accounts, POD/TOD accounts)
• Estates that qualify for small estate affidavit procedures

Step-by-Step Probate Process

1. Locate the will and gather the death certificate (you'll need multiple certified copies)
2. File a petition with the Delaware Register of Wills to open probate proceedings
3. Notify heirs and creditors as required by Delaware law (typically by mail and published notice)
4. Appoint executor/administrator — the court issues Letters Testamentary or Letters of Administration
5. Inventory the estate — identify and appraise all assets, debts, and liabilities
6. Pay debts and taxes — settle outstanding obligations from estate funds, file final tax returns
7. Distribute remaining assets — according to the will or Delaware intestacy laws
8. Close the estate — file a final accounting with the court and request discharge