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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.
- 1Claim period 8 months
- 2Counted from Date of death
- 3Outer limit None stated
- 4Statute 12 Del. C. § 2102(a)
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
| Checkpoint | Date |
|---|---|
| Date of death | January 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.
Steps that add time
- Getting appointed. The claim clock in Delaware is already running from the death, so a late petition shortens the time left to deal with claims rather than extending it.
- Notice. Published notice and notice mailed to known creditors start or shorten the claim period; a creditor who should have been mailed notice may get extra time.
- Real estate. Delaware's small-estate route does not take real property, so an estate with a house in the state generally goes through administration or another court step.
- Accounting and closing. The final account, receipts from heirs and any tax filings come after the claim period ends.
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.