State guide

Delaware

Delaware probate is administered through the county Registers of Wills, and the creditor-notice statute requires county posting and, in most estates, newspaper publication approved by the Register of Wills. Delaware also has a non-probate affidavit route for qualifying personal property estates, and that threshold was increased to $50,000 for deaths on or after June 10, 2026. ([delcode.delaware.gov](https://www.delcode.delaware.gov/title12/c021/index.html?utm_source=openai))

Checked against official sources on October 4, 2026. Rules and links change; confirm with the office listed before you act.

Publishing the notice: Delaware requires posting on the designated county website and/or courthouse within 40 days after letters, plus publication in one or more newspapers approved by the county Register of Wills at least 3 times over 3 successive weeks, unless the small-value publication exception applies. ([delcode.delaware.gov](https://www.delcode.delaware.gov/title12/c021/index.html?utm_source=openai))
Creditor claim deadline: 8 months after death (not from first publication). ([delcode.delaware.gov](https://www.delcode.delaware.gov/title12/c021/index.html?utm_source=openai))
Outside deadline: 8 months after death for pre-death claims; if no letters are granted within 10 years after death, claims are thereafter barred. ([delcode.delaware.gov](https://delcode.delaware.gov/title12/Title12.pdf))
Law: 12 Del. C. §§ 2101, 2102, 1301. ([delcode.delaware.gov](https://www.delcode.delaware.gov/title12/c021/index.html?utm_source=openai))
Small-estate limit: $50,000 in qualifying personal property, with no Delaware real estate owned solely or as tenant in common, for succession by affidavit under 12 Del. C. § 1301. ([delcode.delaware.gov](https://delcode.delaware.gov/title12/Title12.pdf))

Official resources in Delaware

Delaware Code Title 12

Official Delaware Code with the creditor-notice, claims, and small-estate affidavit statutes.

Delaware Courts General FAQs

Official judiciary page directing residents to the proper county Register of Wills to open an estate.

New Castle County Register of Wills Publications

Official Register of Wills page with the probate brochure and small-estate affidavit pamphlet.

New Castle County Small Estates

Official Register of Wills page summarizing current small-estate affidavit eligibility by date of death.

Key facts for Delaware

The Register of Wills must post the notice within 40 days after letters are granted and usually must also publish it in approved county newspapers. ([delcode.delaware.gov](https://www.delcode.delaware.gov/title12/c021/index.html?utm_source=openai))
Newspaper notice must run at least 3 times, not less often than weekly for 3 successive weeks. ([delcode.delaware.gov](https://www.delcode.delaware.gov/title12/c021/index.html?utm_source=openai))
Claims arising before death are barred unless presented within 8 months of death, whether or not the notice was given. ([delcode.delaware.gov](https://www.delcode.delaware.gov/title12/c021/index.html?utm_source=openai))
If no letters are granted within 10 years after death, estate claims are thereafter barred. ([delcode.delaware.gov](https://delcode.delaware.gov/title12/c021/index.html?utm_source=openai))
Delaware's affidavit transfer statute allows qualifying personal property up to $50,000, with no Delaware real estate held solely or as tenant in common. ([delcode.delaware.gov](https://delcode.delaware.gov/title12/Title12.pdf))
The Register may omit newspaper publication if the gross personal estate does not exceed $30,000 and the gross real-plus-personal estate does not exceed $35,000. ([delcode.delaware.gov](https://www.delcode.delaware.gov/title12/c021/index.html?utm_source=openai))

What to do next

Start with the Delaware Courts FAQ to find the correct county Register of Wills, because estate opening is county-based. ([courts.delaware.gov](https://www.courts.delaware.gov/help/general-faqs.aspx))
Check whether the estate qualifies for the affidavit route before opening a full estate, especially for deaths on or after June 10, 2026. ([newcastlede.gov](https://www.newcastlede.gov/156/Small-Estates?utm_source=openai))
When opening a full estate, ask the Register which newspapers are currently approved in that county before arranging publication. ([delcode.delaware.gov](https://www.delcode.delaware.gov/title12/c021/index.html?utm_source=openai))

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