Estate friendliness
3.2 /5
Composite of estate-tax presence, probate cost, UPC adoption, and timeline for Delaware.
DE · State estate & inheritance tax
Delaware estate tax, inheritance tax & probate costs
Exemptions, rates, and probate costs for Delaware (DE), current as of May 2026 - in plain language, from IRS Statistics of Income data and Delaware fee schedules.
Data updated 2026-05-15
- None
- State estate tax
- $15M
- Federal exemption applies
- None
- Inheritance tax
- 6–12 mo
- Typical probate timeline
The verdict
Delaware levies neither a state estate tax nor an inheritance tax, and probate typically takes about 9 months.
- 3.2/5
- Estate-friendliness score
- $15M
- Only the federal exemption applies
- 6–12 mo
- Probate timeline
- No
- State inheritance tax
Estate-friendliness blends tax presence, probate cost and timeline. Delaware ranks ahead of 18 states on tax burden alone.
State Estate Tax
No State Estate Tax
Only federal estate tax applies (a permanent $15M exemption per person, 2026)
Inheritance Tax
No Inheritance Tax
Beneficiaries owe no state inheritance tax in Delaware
Probate Costs
Filing Fee $150–$500
Attorney Fee ~4% statutory
Executor Fee ~3%
Timeline 6–12 months
Small Estate Threshold $30,000
Small estate: $30,000 for personal property
Probate Code
Uniform Probate Code Not Adopted
Delaware has not adopted the UPC and follows its own probate statutes. Procedures may be more complex or vary by county.
Property System
Community Property No (Common Law)
Delaware follows common law (separate property) rules. Each spouse owns property individually unless jointly titled, which affects how assets pass through an estate.
Estate-tax exemption
None (federal only)
Only the federal $15M exemption applies in Delaware.
Probate window
6-12 months
Filing-to-final-distribution range, varies with estate complexity & creditor claims.
Probate cost relative to estate value - Delaware 40.0%
National median
Statutory attorney fee approximately 4% of estate value, plus filing fees.
Federal estate-tax returns filed - Delaware
Returns filed by state residents, by IRS filing year
Delaware probate timeline
Months from filing to distribution, minimum, typical, and maximum
Federal Estate Tax Filings - Delaware
IRS Statistics of Income data showing estate tax returns filed by Delaware residents.
| Filing Year | Returns Filed | Gross Estate | Net Tax Paid | State Death Tax |
|---|---|---|---|---|
| 2023 | 24 | $0.7B | N/A | - |
| 2022 | 23 | $0.3B | N/A | - |
| 2021 | 20 | $0.4B | $0.0B | - |
Source: IRS Statistics of Income - Estate Tax Returns Filed (Table 2, by State of Residence). Dollar amounts in thousands. State rate / exemption tables compiled from Tax Foundation 2024 Estate & Inheritance Tax Survey.
What the Delaware Estate Data Reveals
Delaware imposes no state estate tax, so federal law under IRC § 2001 is the only estate-level levy that applies. With a permanent federal exemption of $15M per decedent from 2026, after the One Big Beautiful Bill Act (July 2025) repealed the scheduled TCJA sunset, the vast majority of Delaware estates clear probate without owing estate tax at any level. Delaware's common-law property rules keep each spouse's individually titled assets separate, so how property is titled still determines what passes through probate here. There is no separate inheritance tax, so beneficiaries receive their share without a second state-level deduction at distribution.
IRS Statistics of Income data show 24 federal estate tax returns filed by Delaware residents in the most recent available year (filing year 2023), reporting $0.75 billion in combined gross estate value. Across the multi-year IRS SOI series above, Delaware averages roughly 22 taxable filings per year, with an effective federal rate on reported gross estates of about 3.2%.
Probate itself typically runs 6–12 months in Delaware (roughly 9 months on average), with court filing fees of $150–$500. Attorney compensation is set by statute at approximately 4% of the estate, which is a material fixed cost even for uncontested estates. Delaware does offer a simplified small-estate track for estates under $30,000, which most families use to bypass full formal probate. Because Delaware has not adopted the UPC, probate practice can vary materially by county and judicial district. As a common-law (separate property) state, Delaware treats each spouse's holdings individually unless jointly titled, so titling choices drive what actually enters the probate estate.
Estimate Your Delaware Estate Tax
Use our calculator to estimate estate tax liability in Delaware and compare it to other states.
Calculate for DelawareWhat this means in Delaware
Delaware adds no state-level death tax, your planning centers on the federal $15M exemption and probate.
- No state estate tax means only estates above the federal $15M exemption owe anything. Estimate the tax
- Plan for a probate timeline of 6–12 mo - small estates may qualify for a faster simplified process. How probate works
- Compare Delaware against other states before relocating or planning a transfer. See the rankings
General information from public data, not legal or tax advice. Consult a qualified estate-planning attorney for your situation.
Delaware Estate Tax FAQs
Does Delaware have an estate tax?
No. Delaware does not have a state estate tax. Only the federal estate tax applies (a permanent $15M exemption per person from 2026). This makes Delaware more favorable for estate planning compared to the 13 states that do impose a state estate tax. Probate attorney fees here follow a mid-range statutory schedule, on top of higher-than-average court filing fees.
Does Delaware have an inheritance tax?
No. Delaware does not impose a state inheritance tax on beneficiaries. Unlike an estate tax (paid by the estate), an inheritance tax is paid by the person receiving the assets. Only six states currently levy this tax. Delaware has not adopted the Uniform Probate Code, so probate practice can vary by county.
How long does probate take in Delaware?
Probate in Delaware typically takes 6 to 12 months. Estates under $30,000 may qualify for a simplified small estate procedure, which is significantly faster.
How much does probate cost in Delaware?
Court filing fees in Delaware range from $150 to $500. Attorney fees are typically 4% of the estate value (statutory). Executor compensation is typically around 3% of the estate.
Can you avoid probate in Delaware?
Yes. Common probate avoidance strategies in Delaware include revocable living trusts, transfer-on-death (TOD) deeds for real estate, payable-on-death (POD) accounts for bank and investment accounts, and joint ownership with right of survivorship. Delaware also offers a simplified process for small estates under $30,000.
What happened to the 2026 federal estate tax sunset, and how does it affect Delaware residents?
The TCJA provisions were scheduled to sunset after December 31, 2025, which would have cut the federal exemption from $13,990,000 to roughly $7,000,000 per person. The One Big Beautiful Bill Act (Pub. L. 119-21), signed July 4, 2025, repealed that sunset and set a permanent $15,000,000 per-individual exemption effective January 1, 2026, indexed for inflation. Because Delaware has no state estate tax, only the federal exemption applies, and the permanent $15,000,000 threshold means very few Delaware estates owe federal estate tax.
Related Guides
Estate Planning Basics
Wills, trusts, and asset protection fundamentals
How Probate WorksStep-by-step probate process and timelines
How to Avoid ProbateLiving trusts, TOD deeds, and other strategies
The 2026 Estate Tax Sunset, RepealedWhy the sunset never happened and the permanent $15M exemption
Explore more: Highest estate-tax states ·
No-estate-tax states ·
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Estate tax calculator
Related
Data sourced from official IRS Statistics of Income and state probate fee schedules. See our methodology for details. Retrieved and formatted by PlainEstate Editorial.
Notice a figure that looks out of date, such as a state changing its exemption or rate? Report it via the contact page and we'll verify it against the source and correct it, per our editorial policy.
Disclaimer: This information is provided for general informational purposes only and does not constitute legal or tax advice. Consult a qualified estate-planning attorney or tax professional before making decisions based on this data.
Read our methodology - how this data is sourced, computed, and verified.
Data sources used on this page
- IRS Statistics of Income (SOI) - Estate Tax - federal estate-tax returns filed by state, gross estate and net tax. irs.gov/statistics/estate-tax
- IRS Form 706 - federal estate-tax exemption and filing thresholds by year. irs.gov/forms-pubs/f706
- Tax Foundation, State Estate & Inheritance Tax Survey - state exemptions, rates and inheritance schedules. taxfoundation.org
- State probate statutes & fee schedules - filing fees, attorney/executor fees, small-estate thresholds and timelines, compiled per state.
Every figure on PlainEstate is rendered directly from IRS Statistics of Income and state statutory data, no number is typed in by an editor. This page draws directly on IRS Statistics of Income and state statutory data, no figure is typed in by an editor. See our editorial standards & corrections policy, the methodology behind these numbers, or report a data error. Data current as of May 2026.