Delaware probate · Dying without a will

Dying without a will in Delaware: intestate succession & what happens

With no will, Delaware's intestate succession statute (12 Del. C. § 501) determines who inherits, and the court appoints an administrator. The small-estate affidavit still applies. Kindred handles the administration either way.

With no will, Delaware's intestate succession statute (12 Del. C. § 501) determines who inherits, and the court appoints an administrator. The small-estate affidavit still applies. Kindred handles the administration either way.
Delaware allows self-representation in probate — Kindred handles the administrative work for a flat fee.
The court appoints an administrator instead of an executor when there is no will naming one.
Small-estate simplified procedures may still be available even without a will.

Common questions

Do I need a lawyer for probate in Delaware?

Not strictly — Delaware allows an executor to handle probate without an attorney, and the Register of Wills assists families. Kindred handles the administrative work for a flat fee. If a dispute arises, we flag it so you can bring in an attorney of your choosing. Kindred is not a law firm.

How much does probate cost in Delaware?

No statutory percentage fee — attorneys typically bill $250-$400/hour or a flat fee. Filing fees run about $50-$100 plus a percentage-based probate fee. Estates under $50,000 can use a small-estate affidavit. These are illustrative figures.

How long does probate take in Delaware?

Typically 8 to 14 months. Creditors have 3 months from publication of notice to file claims. An inventory is due within 3 months of appointment.

You don't have to carry this alone.

Tell us about the estate on a free, no-obligation call. We'll map out exactly what needs to happen — and how we'd take it off your plate.

Start with fixed-fee Estate Setup, then choose the right package.

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