Delaware

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 prior to 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: approximately $25.00 per certified copy
• –Expedited options available through VitalChek for an additional fee.

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. Order at least 10: banks, insurers, and agencies each want their own certified copy.

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.

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 are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Delaware's TOD deed is brand new (effective December 5, 2025) and requires notarization plus two witnesses, at least one of whom is not a beneficiary.

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

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 does not 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.

In Delaware, an Advance Health-Care Directive combines a living will and a healthcare power of attorney. It must be signed by the declarant in the presence of two adult witnesses. Notarization is optional but not legally required.

Healthcare power of attorney.

A Healthcare Power of Attorney (HCPOA) is typically part of the Advance Health-Care Directive in Delaware, allowing you to appoint an agent to make medical decisions on your behalf if you become incapacitated. This agent's authority begins upon your incapacitation.

POLST / MOLST forms.

Delaware recognizes Medical Orders for Scope of Treatment (DEMOST) forms. These are physician orders for seriously ill or frail individuals, providing specific instructions for current medical treatment. DEMOST forms complement advance directives but are not the same; they are medical orders, while advance directives are legal documents expressing wishes.

Where do I get Delaware's advance directive form?

The controlling law is 16 Del. C. § 2501 et seq. (Uniform Health-Care Decisions Act), linked as this section's source. Most people use the free statutory form: Delaware's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

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

Delaware requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation rules in Delaware.

In Delaware, a body may be cremated only after a special cremation permit is prepared and filed. Human remains must be identified by the next-of-kin. A rigid, leak-resistant container is required for transportation to the crematory, but a casket is not legally mandated for the cremation itself. The death certificate must be filed within 3 days before cremation.

Green burial and alternatives.

Delaware allows green burial practices. Additionally, 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 is not 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.

At a Glance

Delaware does not have a state estate tax.

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

Delaware does not have an inheritance tax.

Delaware does not impose an inheritance tax. This means beneficiaries inheriting property from a Delaware decedent do not 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 One Big Beautiful Bill Act (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 does not 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 One Big Beautiful Bill Act (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 cannot override your decision.

In Delaware, as in all states, a registered organ donor decision is legally binding. Your family cannot override it. However, in practice, organ procurement organizations often consult families. Make your wishes known to your family to avoid conflict.