What to Do When Someone Dies in Delaware
A complete guide to death certificates, probate, estate taxes, and funeral costs in Delaware. Everything you need to know about handling a death in the state of Delaware.
Quick Facts: Delaware
Death Certificates in Delaware
Cost Per Certified Copy
The first certified copy costs $25. Additional copies cost $10 each. See our county-by-county guide for local vital records offices.
How Many to Order
We recommend ordering 10 to 15 copies. Banks, insurance companies, the Social Security Administration, the DMV, employers, and other institutions typically require original certified copies. Ordering extras upfront saves time and money compared to requesting more later. Ten copies in Delaware would cost approximately $115.
Where to Order
Death certificates in Delaware are issued by the Delaware Division of Public Health, Office of Vital Statistics. Your funeral home will typically order the initial copies for you as part of their services. Learn about what funeral homes charge and your rights under the FTC Funeral Rule.
Visit Delaware Division of Public Health, Office of Vital StatisticsFiling Deadline
In Delaware, a death must be registered within 5 days. The funeral home or attending physician typically handles the filing. Use our deadline tracker to see all critical filing deadlines.
Probate in Delaware
Small Estate Threshold
Estates valued under $30,000 may qualify for simplified probate or a small estate affidavit. Personal property under $30,000 may use small estate procedure. Read our full probate guide for step-by-step instructions on navigating the process.
Probate Court
Probate in Delaware is handled by the Register of Wills (Court of Chancery for disputes).
Visit Register of Wills (Court of Chancery for disputes) websiteTypical Timeline
Probate in Delaware typically takes 6-12 months. The timeline depends on the size and complexity of the estate, whether anyone contests the will, and the court's caseload. Use our cost calculator to estimate total probate and estate settlement costs.
Small Estate Affidavit
If the estate is valued below the small estate threshold of $30,000, you may be able to use a small estate affidavit instead of going through formal probate. This is a simplified process that allows heirs to collect assets by presenting a sworn statement to banks and other institutions. Waiting periods and specific requirements vary, so check with the Register of Wills (Court of Chancery for disputes) in your county for exact procedures.
Key Things to Know in Delaware
Delaware-Specific Notes
Delaware uses a Register of Wills system rather than a traditional probate court. The Register of Wills handles most uncontested estate matters directly. Contested matters go to the Court of Chancery.
No State Death Taxes
Delaware does not have a state estate tax or inheritance tax. Only the federal estate tax applies, and it only affects estates exceeding $13.61 million. Read more about estate tax rules and how they might affect your situation.
Debt After Death in Delaware
In Delaware, debts are generally paid from the estate before assets are distributed to heirs. Family members are not personally responsible for the deceased's debts unless they co-signed or are a surviving spouse in certain circumstances. Learn more about debt after death and medical debt.
Funeral Costs in Delaware
These are median costs in Delaware. Actual costs vary significantly based on the funeral home, location within the state, and services selected. Under the FTC Funeral Rule, funeral homes must provide itemized pricing when you ask. You are not required to purchase a package and can choose individual services. Read more about the true cost of dying in America.
Major Cities in Delaware
Next Steps and Resources
Step-by-Step Guide
Complete walkthrough of everything to do after a death
Master Checklist
Track every task from day one through estate closure
Social Security Benefits
Survivors benefits, lump sum payment, how to notify SSA
Veterans Benefits
VA burial benefits, survivor pensions, and claims
Document Checklist
Every document you need to gather and file
Grief Support
Counseling, support groups, and crisis hotlines
Frequently Asked Questions About Death in Delaware
What is the first thing to do when someone dies in Delaware?
Contact emergency services (911) or the funeral home. If the death was expected under hospice care, call the hospice provider. The funeral home will transport the body and begin the process of obtaining death certificates from the Delaware Division of Public Health, Office of Vital Statistics. Within the first few days, you should also notify close family, secure the deceased's home and valuables, and locate important documents like the will, insurance policies, and financial records. Our step-by-step guide walks you through each step.
Do I need a lawyer for probate in Delaware?
Not always. If the estate is under $30,000, you may be able to use a small estate affidavit and avoid formal probate entirely. For larger or more complex estates, hiring a probate attorney is generally recommended, especially if there are disputes, real estate in multiple states, or business assets involved. Probate in Delaware is handled through the Register of Wills (Court of Chancery for disputes).
How much does a funeral cost in Delaware?
The median cost of a funeral with burial in Delaware is $8,800. Cremation averages $6,600. Currently, 56% of Delaware residents choose cremation. Under the FTC Funeral Rule, funeral homes must provide itemized pricing. See our funeral costs guide for tips on reducing costs and understanding your rights.
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Get Your Free Personalized GuideRelated Guides
Probate Guide
How probate works, when you can skip it, and what it costs in your state.
Estate Tax
Federal and state estate tax thresholds, exemptions, and filing deadlines.
Funeral Costs
Average funeral costs by type and practical ways to reduce expenses.
Death Certificates
Find your county vital records office, costs, and ordering instructions.
Social Security
Survivors benefits, the lump-sum death payment, and how to notify SSA.
Master Checklist
Track every task from day one through closing the estate.