How Probate Works After a Death in Delaware

Delaware’s small estate threshold just increased in 2026, and the state’s trust-friendly reputation is worth knowing about for estate planning that extends beyond probate itself.

Where is probate handled in Delaware?

Delaware has not adopted the Uniform Probate Code, maintaining its own probate statutes under Title 12 of the Delaware Code. Probate is administered through the Register of Wills in each of Delaware’s three counties: New Castle, Kent, and Sussex.

What is the current small estate affidavit threshold?

Delaware’s small estate affidavit threshold rose from $30,000 to $50,000, under a law approved June 10, 2026 (85 Del. Laws, c. 281) - a genuinely recent change. The New Castle County Register of Wills applies the older $30,000 threshold to deaths before that date, but we could not confirm how the Kent and Sussex Registers apply it, and one summary reports the act has no applicability clause. Ask your county’s Register of Wills which figure applies to a specific date of death. The affidavit applies to personal property only - the decedent must have owned no real estate solely in their own name. See our companion piece explaining this process in more depth.

Why is Delaware known for trusts?

Delaware is nationally known as a leading jurisdiction for trusts, thanks to its specialized Court of Chancery and trust-friendly laws. This is worth knowing if a deceased person’s estate planning involved a Delaware trust, since trust assets typically pass outside of probate according to the trust’s own terms, separate from whatever process applies to the remaining probate estate.

Does Delaware have a state estate or inheritance tax?

No - Delaware repealed its state estate tax some years ago - it previously applied as a “pick-up tax” tied to the federal credit - and has no inheritance tax either.

What should I do next?

Confirm the exact date of death and ask your county’s Register of Wills which small estate threshold applies - $50,000 for deaths on or after June 10, 2026, or possibly $30,000 before that. If a Delaware trust was part of the deceased’s estate planning, check its own terms first, since those assets likely pass outside probate entirely.

Add this to your Final Day Plan: whether any of your assets are held in a Delaware trust, and where those documents are kept - your family will need to know this before assuming everything goes through probate.

Delaware law changed as recently as June 2026, and could change again. This is general educational information, not legal advice - consult a Delaware-licensed attorney for guidance specific to your situation.