Delaware Probate Costs
Reasonable compensation under Del. Code Ann. tit. 12, Section 2302 (reasonable compensation)
Delaware Probate Overview
Delaware follows a reasonable compensation model for probate fees, where attorney and executor fees are determined by what the court considers fair for the work performed. Under Del. Code Ann. tit. 12, Section 2302 (reasonable compensation), fees are based on the gross value of the estate. This means costs can vary depending on the complexity of the estate and the professionals involved.
Attorney fees are typically around 3.5% of the gross estate value. The court filing fee in Delaware is $200 (DE Register of Wills probate filing fee schedule). You should also budget for surety bond premiums and newspaper publication fees required by law.
The probate process in Delaware typically takes 6 to 12 months from filing to final distribution. For smaller estates valued at $30,000 or less, Delaware offers a small estate affidavit that can bypass the full probate process (Del. Code Ann. tit. 12, Section 2306).