DE · State estate & inheritance tax
Delaware estate tax, inheritance tax & probate costs
Exemptions, rates, and probate costs for Delaware (DE), current as of IRS SOI state filings 2021-2023 | federal exemption 2026 | Tax Foundation 2024 state survey - in plain language, from IRS Statistics of Income data and Delaware fee schedules.
Data updated 2026-08-06
- 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. On maximum probate filing fee, Delaware sits #37 of 51 (lowest fee = #1).
Estate tax docket plate
Sheet DE · Delaware federal only
TAX-FREE · FED-ONLY · RATE-NONE · PORT-NA · FEE-STEEP · LOCAL-CODE
- TAX-FREE No state death tax
- FED-ONLY Federal only
- RATE-NONE No state rate
- PORT-NA Portability n/a
- FEE-STEEP Max $500
- LOCAL-CODE Local probate code
Nearest probate fee peer: Alabama (+ $0)
Instrument codes from this state’s levy posture, federal-exemption gap, rate shape, portability, probate filing-fee tier, and UPC adoption, not a planning recommendation.
Delaware standing among the no-estate-tax majority
- Delaware is among the 38 of 51 surveyed jurisdictions with no state estate tax.
- Maximum probate filing fee $500 is above the corpus upper third (> $450) · corpus #37 of 51 (lowest max fee = #1).
- On tax-burden friendliness alone, Delaware ranks ahead of 18 other states in this extract.
Probate-fee neighbourhood around Delaware
Lowest/highest poles plus states nearest Delaware on maximum probate filing fee. Full ladder: /rankings/lowest-probate-costs/.
State Estate Tax
Only federal estate tax applies (a permanent $15M exemption per person, 2026)
Inheritance Tax
Beneficiaries owe no state inheritance tax in Delaware
Probate Costs
Small estate: $30,000 for personal property
Probate Code
Delaware has not adopted the Uniform Probate Code.
Property System
Delaware follows common-law (separate property) rules.
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.
What changed: reported federal estate-tax returns increased by 1 from 23 in 2022 to 24 in 2023. This compares adjacent IRS filing-year releases; it does not describe a change in state tax law.
| 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.
Delaware no-levy shape: NO-STATE-LEVY·HIGH-FEE·SOI-SPARSE
Delaware has no state estate tax, but probate filing lands in the corpus upper third, cost pressure is procedural, not a state death tax. IRS SOI prints only 24 federal returns here in the latest year, a sparse SOI footprint. 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.
IRS Statistics of Income data show 24 federal estate tax returns filed by Delaware residents in filing year 2023, reporting $0.75 billion in combined gross estate value. Multi-year SOI average: roughly 22 taxable filings/year. Effective federal rate on reported gross estates ≈ 11.1% (1 published pair).
Probate clock 6–12 mo · max filing $500 · corpus #37 of 51 · statutory attorney ≈ 4% · non-UPC · common law · small-estate track under $30,000.
States with similar estate-tax and probate profiles to Delaware
Similar probate filing fee
Nearest states by maximum probate filing fee ($500 here).
Similar probate timeline
Nearest states by upper-bound probate duration (12 mo here).
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.
Where does Delaware sit among states on probate filing fees?
According to PlainEstate's compiled state court fee schedules, Delaware ranks #37 of 51 surveyed states by maximum probate filing fee (lowest max fee = #1). That ordinal matches the /rankings/lowest-probate-costs listing. See /methodology/#corpus-placement for the exact sort basis.
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.
How probate runs when Delaware adds no state estate tax: probate process guide. Compare thresholds on the state rankings or the estate tax calculator.
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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.