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.
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.
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.
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.
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.
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
State-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.
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.
Major Cities in Delaware
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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.
Master Checklist
Track every task from day one through closing the estate.