Being named executor in Delaware is a 12–18 month job nobody trained you for. This is the whole sequence — what Delaware requires of you, what is merely sensible, and which statute each requirement comes from.
All claims arising before or at death are barred against the estate, the personal representative and the heirs and devisees unless presented within 8 months of the decedent's death — WHETHER OR NOT notice to creditors has been given. The clock runs from death, which is unusual.read at source
8 months from death
12 Del. C. §2102(a) · last checked 2026-09-05
Delaware specifics (verified against public sources July 2026 but NOT yet reviewed by an attorney -- confirm with the Register of Wills / Court of Chancery or a probate attorney): probate is handled in the Register of Wills / Court of Chancery. File an inventory within 3 months of the grant of letters (12 Del. C. 1901 et seq.). Delaware creditors are barred 8 months from the DATE OF DEATH, regardless of notice (12 Del. C. 2102) — the clock runs from death, which is unusual. Delaware has NO estate or inheritance tax (estate tax repealed 2018). The federal estate tax applies only to very large estates. General information, not legal advice.
Steps are grouped the way the work actually arrives. Required marks a duty backed by a citation; Recommended marks something that protects you or the estate but is not itself a legal obligation.
Nearly every institution requires an original certified copy.
How: Order through the funeral home or the state vital-records office.
Delaware requires the will's custodian to deliver it to the Register of Wills within 10 days of learning of the death (12 Del. C. Ch. 13).
How: Take the original will to the Register of Wills / Court of Chancery or the named representative promptly.
You are responsible for protecting estate property from loss.
How: Lock up, collect keys, consider re-keying, keep utilities on for now.
The mail reveals accounts and bills you don't know about.
How: USPS forwarding as 'representative for the estate of...'. Photograph everything into Settle.
Stops benefit payments that would have to be repaid. Survivor benefits are separate — nobody starts them for you.
How: The funeral home usually reports the death — confirm by calling SSA at 1-800-772-1213. If a surviving spouse or child may qualify for survivors benefits or the $255 lump-sum death payment, they must apply themselves; you cannot apply online. Ask about the benefit paid for the month of death, which often has to be returned.
Small estates can often skip full probate -- faster and cheaper.
How: A small-estate affidavit is available for personal property of $30,000 or less with no solely-owned real estate (12 Del. C. 2306).
Gets you the letters of authority so institutions will deal with you.
How: File in the Register of Wills / Court of Chancery in the county where they lived.
Statements, deeds, titles, and tax returns recur constantly through settlement.
How: Photograph everything into Settle as you find it.
Vacancy can limit or void coverage; an uninsured loss drains the estate.
How: Call the insurer and ask about a vacancy endorsement.
Needed for the estate bank account and tax filings.
How: Free at irs.gov, 15 minutes online.
Never mix estate money with your own.
How: Bring the letters, EIN, and a death certificate to the bank.
Delaware creditors are barred 8 months from the DATE OF DEATH, regardless of notice (12 Del. C. 2102) — the clock runs from death, which is unusual.
How: Publish and mail the required notices; track claims in Settle.
Freezes accounts against fraud; starts transfers.
How: Write to each institution with a certified death certificate and, once the court issues them, a copy of your Letters. Log who you contacted and when in Settle so you can show the follow-up trail.
Policies pay beneficiaries directly and often quickly.
How: Call each insurer with policy number + death certificate.
Stops fees and identity theft.
How: Notify issuers, then Equifax, Experian, TransUnion.
Small drains add up over a long settlement.
How: Bank statements and forwarded mail reveal them.
File an inventory within 3 months of the grant of letters (12 Del. C. 1901 et seq.).
How: Settle's inventory report gives you the asset list with date-of-death values.
Date-of-death values set tax basis and drive distribution.
How: Real estate: appraisal or broker opinion. Keep reports in Settle.
Protects estate value; order of payment matters if funds are tight.
How: Estate account only. If the estate may be insolvent, pause and get advice.
Delaware has NO estate or inheritance tax (estate tax repealed 2018). The federal estate tax applies only to very large estates.
How: A CPA or estate attorney can confirm what applies and prepare any required return. Hand them Settle's inventory and ledger.
A final personal return (and possibly an estate income return) is due.
How: A CPA experienced with estates is usually worth it -- hand them Settle's reports.
Documented expenses come back to you from the estate.
How: Settle's ledger tracks 'paid personally' items; reimburse with a paper trail.
Distribute only after debts, taxes, and the creditor period are handled -- early distribution can create personal liability.
How: Follow the will (or state intestacy rules). Get signed receipts; keep them in Settle.
The court discharges you once the estate is settled.
How: Generate Settle's Ledger and Inventory reports; file the final account. Keep records for several years.
Settle builds this checklist into a plan you can actually work
The steps above, ordered for your situation in Delaware, with the deadlines on a calendar, your documents attached to the step that needs them, and an expense ledger for everything the estate owes you back. The plan itself is free.
Every figure on this page links to the statute or court source it came from and shows the date we last read it. All 1 citations on this page have been read against the primary statute text.
The full registry, including everything we have not confirmed, is published at Where the state information comes from. If the court or your attorney gave you a different date, please tell us at [email protected] — it is the fastest way to get it fixed for the next executor.