DE
Estate Planning in Delaware
Estate planning in Delaware rests on three documents: a will, a financial power of attorney, and an advance healthcare directive. Delaware follows equitable distribution, so probate courts divide assets fairly rather than splitting them down the middle. Estates worth more than $30,000 go through full probate in Delaware; smaller estates can use a simplified process. Delaware levies no state estate tax and no inheritance tax. Will execution is governed by Del. Code tit. 12 §202.
Everything you need to know about not leaving a legal mess in Delaware. You're welcome.
What does Delaware law say about your estate?
| Requirement | Delaware rule |
|---|---|
| Governing statute | Del. Code tit. 12 §202 |
| Probate threshold | $30,000 |
| Property system | Common law |
| State estate tax | No |
| State inheritance tax | No |
Which estate planning documents do you need in Delaware?
You’re going to die. And when you do, Delaware law (Del. Code tit. 12 §202) has some very specific opinions about what happens to everything you’ve spent your life accumulating. Without proper documents in place, the state basically writes your will for you. Spoiler alert: it probably won’t match what you actually wanted.
Delaware is an equitable distribution state, so courts divide assets “fairly”, which may or may not match your definition of fair. The probate threshold here is $30,000, meaning estates below that amount can skip the full probate circus. Anything above that? Welcome to months of court proceedings and legal fees that’ll make your heirs question whether you actually loved them.
At least Delaware doesn’t pile on a state estate tax, so there’s that.
What you actually need in Delaware
There are three documents every DE resident should have, and no, a sticky note that says “give everything to my dog” doesn’t count:
- A Last Will & Testament. Tells Delaware exactly who gets your stuff instead of letting some judge decide
- A Financial Power of Attorney. Picks someone to handle your money if you can’t (like if you’re in a coma, not just if you’re bad with money)
- An Advance Healthcare Directive. Makes your medical wishes known so your family doesn’t have to guess while sobbing in a hospital hallway
Why you shouldn’t put this off
Every day without these documents is a day you’re gambling with your family’s future. Delaware intestacy laws might give your assets to relatives you haven’t spoken to in years, or tie everything up in probate court until your kids are old enough to need their own estate plans. The average attorney in Delaware charges $900+ for basic estate planning. Or you could handle it yourself for a fraction of that. Your call, but the clock’s ticking, literally.
What else do people ask about estate planning in Delaware?
Do I need a lawyer for estate planning in Delaware?
Legally, no. Delaware doesn't require an attorney to create a will, POA, or healthcare directive. Attorneys are helpful for complex estates, but for straightforward situations, a DIY approach works fine. Just make sure you follow Delaware's specific requirements.
How much does estate planning cost in Delaware?
Attorneys in Delaware typically charge 500-1800 for a basic estate plan. DIY options like Killswitch run $39-$99. Either way, it's cheaper than the probate court fees your family would face without any plan at all.
What happens if I die without a will in Delaware?
Delaware's intestacy laws kick in, which means the state decides who gets your stuff. Generally, it goes to your spouse and kids, but the exact split might surprise you. No spouse or kids? It goes to parents, siblings, or increasingly distant relatives. The state keeps it if nobody qualifies.
Is Delaware a community property state?
No. Delaware follows equitable distribution, where courts divide assets fairly (but not necessarily equally) in probate. Your will can specify exactly who gets what.
All three documents
Will, power of attorney, and healthcare directive. $99, paid once.
Bought separately they run $147, which is $48 for the privilege of doing it in three sittings.
Look, we're not lawyers (we're way more fun at parties). This is educational content about Delaware laws, not legal advice. If your situation is complicated (and let's be honest, whose isn't), talk to an actual attorney. We just make the paperwork less painful.
