What to Do When Someone Dies in Delaware
Reviewed by Everendium Editorial Team · Last reviewed August 18, 2026
Quick answer
Delaware is nationally known as a leading jurisdiction for trusts, thanks to its specialized Court of Chancery and trust-friendly laws - worth knowing if a deceased person's estate planning involved a Delaware trust. Delaware repealed its state estate tax some years ago, and probate is handled through the Register of Wills.
Delaware’s national reputation in trust and corporate law makes it a genuinely distinctive state to understand, even beyond its own residents.
Death certificates
Certified death certificates in Delaware are issued through the Delaware Division of Public Health Office of Vital Statistics. The funeral home typically handles ordering these on your behalf.
Why Delaware matters so much for trusts
Delaware has long been considered one of the leading U.S. jurisdictions for trust law, thanks to:
- The Court of Chancery, a specialized court with deep, long-standing expertise specifically in trust and corporate matters
- Trust-friendly statutes, including favorable rules on directed trusts and trust modification
This reputation has made Delaware trusts popular even among people who don’t otherwise live in the state. If a deceased person’s estate plan involved a Delaware-based trust, working with a trust attorney specifically familiar with Delaware’s rules matters — see our general guide on trust administration for the broader concepts involved.
Where probate happens
Probate in Delaware is handled through the Register of Wills office in the county where the deceased lived.
No current state estate tax
Delaware repealed its state estate tax some years ago and does not have a separate inheritance tax. This means state-level estate taxes generally aren’t a concern for Delaware residents’ estates, though confirming current status is still worthwhile for larger or more complex estates.
Where to get help
- Delaware Division of Public Health for death certificate questions
- Delaware State Bar Association for attorney referrals, including estate, probate, and trust specialists
Delaware law can change. This is general educational information, not legal advice — please consult a Delaware-licensed attorney for guidance specific to your situation, especially if a trust is involved.
Frequently asked questions
How do I get a death certificate in Delaware?+
The funeral home typically orders certified copies through the Delaware Division of Public Health Office of Vital Statistics on your behalf.
Why is Delaware so significant for trusts?+
Delaware has long been a leading U.S. jurisdiction for trust law, thanks to its specialized Court of Chancery (a court with deep, long-standing expertise in trust and corporate matters) and trust-friendly statutes, including favorable rules on directed trusts and trust modification. This has made Delaware trusts popular even among people who don't otherwise live there. If a deceased person's estate plan involved a Delaware trust, a trust attorney familiar with Delaware's specific rules can help.
What court handles probate in Delaware?+
Probate in Delaware is handled through the Register of Wills office in the county where the deceased lived.
Does Delaware have a state estate or inheritance tax?+
Delaware repealed its state estate tax some years ago and does not have a separate inheritance tax, so state-level estate taxes generally aren't a concern for Delaware residents' estates, though this is worth confirming for larger or more complex estates.
Sources
Related glossary terms
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