Delaware
Death Laws & End-of-Life Guide

At a Glance

Filing requirements and timeline.

A death certificate for each death in Delaware must be filed with the Office of Vital Statistics within 3 days after death, or as soon as possible, and before final disposition of the body. The funeral director who takes custody of the body is responsible for filing the certificate.

Who can order copies and where.

Certified copies of death certificates can be ordered by eligible individuals (e.g., immediate family) from the Delaware Office of Vital Statistics. Orders can be placed in-person, by mail, or online through authorized third-party services like VitalChek.

• -Delaware Office of Vital Statistics: https://dhss.delaware.gov/dph/homepage/about/sections/ehdishome/vitalstats/
• -Cost: $25.00 per certificate. Part of the fee goes to the distressed cemetery fund.
• -Expedited options available through VitalChek for an additional fee.

Source: Delaware Division of Public Health, Application for a Certified Copy of a Death Record (PDF) ↗

Who can order a death certificate in Delaware?

Delaware's page prints no eligibility list. The application asks your relationship to the person (current husband or wife, child, parent, another named relative, legal guardian with a court order, genealogy with proof, or an authorized agent, attorney or legal representative of one of those people) and proof of the relationship, and warns that obtaining a copy unlawfully is a felony under 16 Del. C. 3111. Certified copies come from Delaware's Office of Vital Statistics, Delaware Division of Public Health, with offices in Newark, Dover and Georgetown, in person at any of the three state offices, by mail to Dover, or online through GoCertificates or VitalChek.

How do I get a death certificate in Delaware?

Order certified copies from Delaware's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.

How much does a death certificate cost in Delaware?

$25 per certified copy in Delaware, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When probate is required.

In Delaware, probate is generally required if the deceased owned more than $50,000 in personal property in their name alone, or if they owned real estate in their name alone. The small estate threshold was recently increased to $50,000.

If you die without a will.

If a person dies in Delaware without a valid will (intestate), their assets are distributed according to state law. The surviving spouse has specific rights to personal property and a life estate in real property.

• -Surviving spouse: The first $50,000 of the intestate personal estate, plus one-half of the balance, and a life estate in real property.
• -Children (if no spouse or after spouse's share): Remaining assets are divided among children.
• -Parents (if no spouse or children): If no spouse or children, parents inherit.
• -Siblings (if no spouse, children, or parents): If no closer relatives, siblings inherit. If no relatives, the estate escheats to the state.

Avoiding probate.

Delaware residents can use various strategies to avoid probate, such as establishing living trusts, designating beneficiaries on financial accounts and life insurance policies, and holding property in joint tenancy with rights of survivorship.

Handwritten wills.

Delaware doesn't accept an unwitnessed handwritten will. A will has to be signed and witnessed by two or more credible witnesses, and one that isn't is void (12 Del. C. § 202). A will that was valid under the law of the place it was signed, or of the place the person lived when they signed it or died, is valid in Delaware (§ 1306).

Source: 12 Del. C. § 202 (Delaware Code) ↗Source: 12 Del. C. § 1306 ↗

How long does probate take in Delaware?

A straightforward Delaware probate typically runs 6-12 mo, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Delaware?

$50,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Delaware?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Delaware allow transfer-on-death deeds?

Yes. Delaware authorizes the transfer on death deed under Del. Code tit. 25, §§ 201-221 (Uniform Real Property Transfer on Death Act). Record it while you’re alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Delaware's TOD deed is new: the act applies to deeds made before, on, or after December 4, 2025 for an owner who dies on or after that date, and it requires notarization plus two witnesses, at least one of whom isn't a beneficiary.

Source: Del. Code tit. 25, §§ 201-221 (Uniform Real Property Transfer on Death Act) ↗

Time off work after a death in Delaware

Delaware doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.

Who it covers. No private employees. The quoted 29 Del. C. § 5125 applies to state employees only, and § 5125(a)(3) defines "state employee" as "any full-time or part-time employee of the State."

How much. 0 required for private employers. State employees get up to 5 paid days, and only for pregnancy loss: miscarriage, stillbirth, or "other loss" as § 5125 defines it. A state employee whose spouse or parent dies gets nothing under this section.

Paid or unpaid. n/a (no private mandate). The state-employee leave is paid.

Federal FMLA doesn't require bereavement leave; the US DOL FMLA FAQ (dol.gov/agencies/whd/fmla/faq) enumerates the qualifying reasons (birth and bonding, adoption or foster placement, care of a family member with a serious health condition, the employee's own condition, military exigency and caregiver leave) and bereavement isn't among them. Delaware quirk: pregnancy loss is the one bereavement Delaware legislated, and only for state workers. 29 Del. C. § 5125 gives any state employee 5 paid days for miscarriage (loss before 20 weeks), stillbirth (20 weeks or more), or other loss, defined to include a diagnosis that negatively impacts pregnancy and termination regardless of medical necessity. Delaware Paid Leave doesn't cover bereavement.

Source: None for private employers. Checked 19 Del. C. (Title 19, Labor) chapter index; the only bereavement statute in the Delaware Code is 29 Del. C. § 5125, which covers state employees only. ↗

Can I leave money to care for my pet in Delaware?

Yes. Delaware enforces pet trusts under 12 Del. C. § 3555, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when the last of your animals dies, and Delaware sets no year limit, so a young parrot or horse is covered for its whole life. Whoever you name in the trust enforces it, and if you name nobody, or the person you named stops being willing or able to do it, the Court of Chancery appoints someone. Anyone who genuinely cares about your animal can ask that court to appoint an enforcer or to remove one who isn't doing the job. Delaware covers only the animals that are alive when you die, so write the trust to reach every animal you own at that point instead of naming one pet. Delaware also gives no judge the power to cut back a pet trust for holding more money than the animal needs, so say in the trust itself where anything left over should go.

Source: 12 Del. C. § 3555 ↗

How to set one up, and what it costs →

Die without a will in Delaware and this law picks your heirs.

If you die intestate (without a valid will) in Delaware, 12 Del. C. §§ 501 to 511 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted doesn't matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• -Spouse only (no descendants or parents): entire estate
• -Spouse + parents (no descendants): first $50,000 of personal property plus 1/2 of the remaining personal property, plus a life estate in the real estate
• -Spouse + joint descendants: same, $50,000 plus 1/2 of remaining personal property, plus a life estate in the real estate
• -Spouse + blended family: 1/2 of the personal property (no lump sum) plus a life estate in the real estate
• -Source: 12 Del. C. §§ 502, 503

Children's shares.

The children take the whole estate per stirpes: equal shares per child, with a deceased child's share passing down that child's line.

No spouse, no children: the line of succession.

After issue come the parents, then the parents' issue (siblings, then nieces and nephews) per stirpes, then the next of kin however remote, with a deceased next of kin's issue taking per stirpes; only if no kin at all can be found does the property escheat to the State of Delaware.

At a Glance

What Delaware requires.

Delaware rewrote this law and the new version applies to every advance health-care directive as of September 30, 2025. An advance health-care directive is a power of attorney for health care, a health-care instruction, or both. A health-care instruction doesn't have to be written down at all, and it needs no witness. A power of attorney for health care has to be in a record, signed by you, and signed by one adult witness. Delaware doesn't require notarization and doesn't require a second witness. The witness can be physically present, on video, or on a live audio call if they know you or can verify who you are.

Source: 16 Del. C. § 2508 (power of attorney for health care) ↗

Healthcare power of attorney.

A power of attorney for health care lets you appoint an agent to make medical decisions for you when you can't. It can include your health-care instructions in the same document. Some people can't serve as your agent: anyone a court has found to be a danger to you, anyone you have a protection from abuse order or pending petition against, and an owner, operator, employee, or contractor of the nursing home or long-term care facility where you live or are being cared for, unless that person is family, your live-in partner, or that partner's descendant.

POLST / MOLST forms.

Delaware uses the Delaware Medical Orders for Scope of Treatment form, DMOST, under 16 Del. C. ch. 25A. It's for people living with serious illness or frailty whose clinician wouldn't be surprised if they died within the year. A DMOST form is a set of portable medical orders that travel with you across care settings. The statute says plainly that it's separate from an advance health-care directive and doesn't require one.

Where do I get Delaware's advance directive form?

Start with 16 Del. C. ch. 25 (Health-Care Decisions Act, rewritten by 84 Del. Laws, c. 467); 16 Del. C. ch. 25A (DMOST Act), linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.

Does Delaware require a notary or witnesses for an advance directive?

Delaware requires 1 adult witness; notarization isn’t required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation rules in Delaware.

Delaware sets no waiting period after death. What it requires is paperwork. A body can be cremated only after a cremation permit signed by the chief medical examiner or a deputy, and that permit has to be presented along with a death certificate signed by the attending physician and a cremation authorization signed by the next of kin or legal representative. The medical examiner's signature is the affirmation that there's no medical reason to hold the body. The death certificate itself is due within 3 days of death and before any final disposition. A rigid, leak-resistant container is required for transport to the crematory, but no casket is required for the cremation.

Source: 16 Del. C. § 3159 (permit for cremation or natural organic reduction) ↗

Green burial and alternatives.

Delaware allows green burial practices. Also, natural organic reduction (human composting) was authorized by House Substitute 1 for House Bill 162, signed into law on May 16, 2024, with regulations to follow. Alkaline hydrolysis isn't explicitly mentioned as legal.

• -Green burial: Permitted in Delaware, focusing on minimal environmental impact.
• -Natural organic reduction (human composting): Authorized as of May 16, 2024.
• -Home burial: Generally allowed on private property, subject to local zoning and health regulations.

Funeral home regulations.

Funeral homes and funeral directors in Delaware are licensed and regulated by the Board of Funeral Services. They must adhere to state regulations and federal laws, including the FTC Funeral Rule, which requires transparent pricing and itemized statements for services and merchandise.

Who decides what happens to the body in Delaware

Delaware sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.

1. decedent acting through a declaration instrument (a DD Form 93 counts as one and overrides earlier instruments)
2. surviving spouse, if not legally separated
3. appointed personal representative or administrator, or the nominee for personal representative under the will if none appointed
4. majority of surviving adult children whose whereabouts are reasonably ascertainable
5. surviving parents or legal guardians whose whereabouts are reasonably ascertainable (must act in writing by majority)
6. majority of surviving adult siblings whose whereabouts are reasonably ascertainable
7. next degree of kinship under descent and distribution (any one person of that degree may act)
8. any other willing person, including the funeral director with custody, after attesting in writing to a failed good-faith effort to reach tiers 1-6
9. public administrator for the decedent's estate

Naming someone in advance. A "declaration instrument": a written instrument signed by the declarant governing disposition of final remains and ceremonies (12 Del. C. § 260(3)), which may name who directs disposition and ceremonies (§ 262). Section 265 supplies a statutory Declaration of Disposition of Final Remains form (notarization optional per § 266(b)); § 266(a) allows any other form that complies substantially with § 265 and is written, dated and signed. A DD Form 93 is itself a valid declaration instrument (§§ 260(3), 264(d)), and the instrument may live inside a prepaid funeral, burial, cremation or natural organic reduction contract.

When the same tier disagrees. Section 264(c): if the assent of multiple persons in the adult-children, parents/guardians, or adult-siblings tiers cannot be obtained, a final judgment of the Chancery Court for the county of the decedent's residence is required, and that judgment must be consistent with the decedent's last wishes to the extent they are reasonable under the circumstances.

Delaware ranks the personal representative (or the will's nominee) above the decedent's adult children, which is unusual and matters when a will names an executor outside the family. Section 263(f) lets a funeral home or other third party disregard the decedent's stated intent if it is "unreasonable under the circumstances," a term § 260(8) ties to estate size, creditors, prepaid plans, and family, cultural or religious custom; § 266(d) makes the most recent declaration instrument control over any other document, and § 268 automatically revokes a spouse's designation on divorce, annulment or legal separation unless the instrument says otherwise. The statute contains two drafting quirks: paragraph (a)(8) refers back only to paragraphs (a)(1) through (a)(6), skipping (a)(7), and (a)(5) reads "the decent" for "the decedent."

Source: 12 Del. C. § 264 (right to dispose of remains); declaration instrument at 12 Del. C. §§ 260(3), 262, 265-266 ↗

If you can't afford the funeral in Delaware

Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.

1. When nobody can pay. State-paid indigent burial or cremation under 31 Del. C. § 110, "Burial or cremation expenses of an indigent person." Delaware is one of the few states where the burial is ordered by a state agency rather than a county. The statute reads: "An indigent person's remains may be buried or cremated at public expense on the order of the Division of Social Services." DHSS also procures this as "Indigent Burial and Cremation Services" through statewide contracts. Delaware Department of Health and Social Services (DHSS), Division of Social Services (DSS). The statute puts the burial order with DSS and the fee-setting with the Department.

What it pays. not published. 31 Del. C. § 110 names no dollar figure. Verbatim: "The fee shall be established by the Department at the lowest cost for which burial or cremation services which meet the standards can be locally obtained." No DHSS or DSS page we could find publishes a rate. Third-party sites circulate a $400-$1,500 range; that figure doesn't appear on any official page we found, so it isn't reported here.

What disqualifies you. An indigent person whose remains would otherwise go unburied or uncremated; the order comes from the Division of Social Services, and the deceased's own assets and benefits are counted first. Verbatim from § 110: "If there are funds available from social security, Veterans' Administration, or any other benefits or insurance, the compensation allowed to be paid for burial or cremation shall be reduced by the amount available from such benefits or insurance."

The official page ↗

2. If the death was caused by a crime. "Funeral expenses and burial expenses not to exceed $7,500." (11 Del. C. § 9002, the compensable-loss list for the Victims' Compensation Assistance Program.) Overall cap, 11 Del. C. § 9011(d): "Compensation may not be awarded under the chapter to a claimant in a total amount in excess of $25,000; provided, however, that the Agency may award compensation to victims who are permanently and totally disabled in an amount not to exceed $50,000."

Delaware crime victim compensation ↗

3. Money the person was already owed. Search Delaware's unclaimed property before you borrow anything. Searching and claiming are free.

Delaware unclaimed property ↗

A VCAP claim must be filed within 1 year of the injury or death (11 Del. C. § 9010(a)(4)), though the Agency can extend it. Anyone who "legally or voluntarily assumes the obligation to pay the medical or burial expenses" can file, so a friend or a funeral home that fronted the cost is eligible, not only next of kin. For the state burial or cremation, whatever Social Security, VA, or insurance money exists is subtracted first, so the state pays the remainder rather than a flat grant. Since September 24, 2026, the State can bury or cremate an unclaimed body or an indigent person's remains without written consent from the next of kin. Natural organic reduction and donation to research still need that consent (29 Del. C. § 4711, as amended by 85 Del. Laws c. 530). The online Delaware Code hadn't picked up this change on October 3, 2026, so the Code page linked above still shows the old wording.

At a Glance

Delaware doesn't have a state estate tax.

Delaware repealed its estate tax effective January 1, 2018. Therefore, estates of Delaware residents aren't subject to a state-level estate tax.

Delaware doesn't have an inheritance tax.

Delaware doesn't impose an inheritance tax. This means beneficiaries inheriting property from a Delaware decedent don't pay a state tax on their inheritance.

Federal estate tax.

The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.

Does Delaware have an estate tax?

No. Delaware has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Delaware have an inheritance tax?

No. Delaware doesn’t tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Registering as a donor in Delaware.

In Delaware, you can register to be an organ, eye, and tissue donor when you apply for or renew your driver's license or state identification card at the DMV. You can also register online through the Gift of Life Donor Program, which serves Delaware.

• -Gift of Life Donor Program (serving Delaware): https://www.donors1.org/
• -Delaware DMV: Register when obtaining or renewing your driver's license/ID.
• -Note your decision on your advance directive to ensure your wishes are known.

Your family can't override your decision.

In Delaware, a registered organ donor decision is legally binding. The statute says your gift may not be revoked by your next of kin, and their consent isn't needed to make it valid (16 Del. C. § 2711(g)). Only you can amend or revoke it (16 Del. C. § 2715). In practice, organ procurement organizations still consult families, so tell yours what you decided.

Source: 16 Del. C. § 2711 (Uniform Anatomical Gift Act) ↗