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12 Del. C. § 2102(a) · checked 2026-10-20

How long probate takes in Delaware

The longest fixed wait in a Delaware probate is usually the creditor claim period: 8 months from the decedent's death under 12 Del. C. § 2102(a). An estate cannot be closed safely before that window shuts.

1234
  1. 1Claim period 8 months
  2. 2Counted from Date of death
  3. 3Outer limit None stated
  4. 4Statute 12 Del. C. § 2102(a)
Claim period
8 months
Counted from
Date of death
Outer limit
None stated
Small-estate wait
30 days
0306090120150180210240Deathday 0 · 2026-01-15Small-estate route opensday 30 · 2026-02-14Claim period endsday 243 · 2026-09-15days after death
Delaware: statutory checkpoints for an example death on January 15, 2026. Drawn to scale in days.

The statute

“within 8 months of the decedent's death”

Source: 12 Del. C. § 2102(a). Last checked 2026-10-20.

Worked example: a death on January 15, 2026

CheckpointDate
Date of deathJanuary 15, 2026
Earliest small estate affidavit (30 days, 12 Del. C. § 2306)February 14, 2026
Creditor claim period ends (8 months, 12 Del. C. § 2102(a))September 15, 2026

Because Delaware counts the claim period from the death itself, the date is fixed the day the person dies: September 15, 2026 in this example, whatever happens in court. By comparison the small-estate route — when the estate fits — opens on February 14, 2026.

4 jurisdictions on this site give creditors longer and 32 give them less; the median is 122 days.

Delaware8 monthsSouth Carolina8 monthsDistrict of Columbia6 monthsMaryland6 monthsFlorida3 monthsGeorgia3 monthsNorth Carolina3 months
Creditor claim periods compared (months drawn as 30.44 days). Each period starts from a different event — see each state's page.

Steps that add time

Nearby South Atlantic timelines

District of Columbia: 6 months; Florida: 3 months; Georgia: 3 months; Maryland: 6 months from death; North Carolina: 3 months; South Carolina: 8 months.

Related: Delaware small estate limit · creditor claim periods compared · executor timeline.

General information from the statute as written on 2026-10-20; not legal advice. Dates are worked examples of the statutory periods, not deadlines for any real estate. The Delaware probate court and its clerk can confirm how the periods run in a given case.