Whether you’re planning for yourself or someone else, the resources below are vital when it comes to organizing and settling an estate in Delaware.
Advance Directive Form
Download the Advance Directive form for Delaware. For other states, see our complete list of state-by-state Advance Directive forms.
Order Death Certificates
Death Certificate instructions for Delaware. For other states, see our complete list of state-by-state Death Certificate ordering information.
Digital Estate Planning Laws
Law: Fiduciary Access to Digital Assets and Digital Accounts Act - House Bill # 345 w/HA 1 + SA 1
Description: Upon written request, "fiduciaries" (i.e. Power of Attorney, Executor, Trustee, otherwise authorized individual) are granted access and control of the digital assets and digital accounts of an incapacitated or deceased person. This includes every digital asset currently in existence (email, social media accounts, online shopping, photos, videos, etc...) and ones that have yet to be invented. Once the digital service provider ("custodian") receives a written request along with certified proof (letter of testamentary or administration, court order, Power of Attorney form, Trust instrument) they must provide access to transfer, copy, or destroy the account.
Status: Passed June 30, 2014; Effective January 1, 2015
(Click here for the full text of the Bill)
For other states, see our complete list of state-by-state Digital Estate Planning Laws.
Death With Dignity Legislation (a.k.a. Aid-In-Dying or Physician-Assisted Death)
- Delaware has no legislation
For other states, see our complete list of state-by-state Death With Dignity Legislation.
Organ Donation Registries
Delaware Organ Donation registry official link. For other states, see our complete list of state-by-state Organ Donation registries.
DMOST (Delaware Medical Orders for Scope of Treatment) Form
Download the DMOST form for Delaware residents. [Source]
For other states, see our complete list of state-by-state POLST forms.
Probate Laws
Title 12: Decedents’ Estates and Fiduciary Relations
For other states, see our complete list of state-by-state Probate Laws.
Estate And Inheritance Tax Rate
- Delaware has a 0.8%-16% estate tax rate (exemption threshold: $5.49 million)
For estate and inheritance tax in other states see our complete list of state-by-state Estate And Inheritance Tax Rates.
