Delaware · Estate & Probate
The Delaware Probate Law Guide
Understanding the Register of Wills, navigating full probate versus small estates, and knowing key differences in Delaware law.
2026-2027 Edition · Cited to Delaware law · Plain language
Paperback · $19.99
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Eleven editable forms that go with this guide, including a will, financial and medical powers of attorney and a living will, with a signing guide. Instant download; Word and PDF.
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Cited to the statute · Legal information, not legal advice
Delaware probate explained, from first filing to final distribution
The Register of Wills and Court of Chancery, letters, the small estate affidavit, inventory and creditor deadlines, and the final accounting, explained for executors and heirs.
ABOUT THIS BOOK
Someone you love has died in Delaware, and you have been named executor, or you are an heir waiting to hear what happens next. The steps and deadlines are unfamiliar.
The Delaware Probate Law Guide explains estate administration under Title 12 of the Delaware Code. Delaware has not adopted the Uniform Probate Code, and probate here is a partnership: the Register of Wills in New Castle, Kent, and Sussex counties handles filings as clerk for the Court of Chancery, which hears contested matters. The guide explains how a personal representative receives Letters Testamentary or Letters of Administration, when the small estate affidavit may be used instead of full administration, and which assets pass outside probate.
It then walks through the process step by step: filing the will, posting bond, filing the inventory within three months, the eight-month period for most creditor claims, the accounting, and final distribution. It also covers will caveats, the surviving spouse's allowance, intestate shares, and Delaware's lack of a state estate or inheritance tax.
Inside:
• Step-by-step procedures for the executor or administrator and for heirs and beneficiaries
• Real-world questions and answers on timelines, fees, and creditor claims
• Checklists, comparison tables, a glossary, and sample documents
For Delaware executors, administrators, heirs, and beneficiaries. Legal information, not legal advice.
WHAT’S INSIDE
- The Foundation: Delaware's Unique Probate System
- The Core Statutory Framework: Title 12
- When Is Probate Required?
- Key People, Documents, and Deadlines
- Exceptions and Defenses
- Rights of Heir or Beneficiary
- Step-by-step procedures from each side, with deadlines at a glance
- 22 real-world questions and answers
- Statute index, key court decisions and official forms
- Toolkit: checklists, comparison tables, glossary and common mistakes to avoid
WHY READERS TRUST THIS GUIDE
Plain language. Cited to the statute. Dated so you know it is current.
Every rule is cited to Delaware law so you can verify it.
Cited, so you can check it
Every rule names the section of Delaware law it comes from, so you can read the source yourself.
Plain language, no filler
Written to be read start to finish by someone with no legal training, with worked examples.
Dated and updated
Each guide carries a law-current date and new editions ship when the law changes.
Bonus toolkit
Register your book for this topic’s checklists, worksheets and starter template, as soon as they are ready.
QUESTIONS BEFORE YOU BUY
Delaware probate process: what to know before you order.
Straight answers about what the guide is, what it covers and how it reaches you.
Can a small estate be settled without full probate in Delaware?
Often, yes. Delaware's small estate affidavit (12 Del. C. § 2306) is available when the decedent's personal property is within the statutory limit and the decedent owned no Delaware real estate, solely or as a tenant in common. The guide explains the current limit and the procedure.
How long does probate take in Delaware?
It varies with the estate. Most creditor claims are barred if not presented within eight months after death, and many estates stay open at least a year before the final accounting and distribution. The guide explains each stage.
Is this legal advice?
No. It is legal information in plain language, cited to the law, so you understand your options and know what to ask. Reading it creates no attorney-client relationship.
Is it written for Delaware?
Yes. This guide is written for Delaware law and cites the Delaware statutes and rules it relies on. If your case is in another state, choose that state's edition.
KEEP GOING
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PLEASE READ
Legal information, not legal advice. STACKED LEGAL® is a publisher, not a law firm. Buying or reading this book creates no attorney-client relationship and promises no outcome. Laws change; verify current law and talk to a licensed attorney in Delaware about your situation.
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