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.