Delaware law

Estate Planning Laws in Delaware.

Delaware estate-planning and probate work is governed primarily by Title 12 of the Delaware Code (Decedents’ Estates and Fiduciary Relations). Delaware is one of the most favorable U.S. jurisdictions for trust planning, with a mature body of trust law, strong asset-protection rules, and a specialized bench — trust disputes often route through the Court of Chancery rather than the probate division.

Last verified: 2026-04-17

State law

Key Delaware Statutes

Delaware Probate Code12 Del. C.

Title 12 governs wills, intestate succession, probate administration, and related fiduciary rules in Delaware, with estates administered through the Register of Wills in each county.

Delaware Trust Act12 Del. C. §§ 3301 et seq.

Delaware’s Trust Act is a leading U.S. trust statute, covering trustee duties, beneficiary rights, directed trusts, and asset-protection trusts, with trust disputes commonly heard by the Court of Chancery.

Power of Attorney12 Del. C. §§ 49A-101 et seq.

Delaware’s Uniform Power of Attorney Act governs the creation and scope of durable powers of attorney for financial and property decisions.

State law

Official Sources

Delaware Code Online Delaware Courts — Court of Chancery

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Delaware.

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Estate Planning Laws in Delaware.

Key Delaware Statutes

Official Sources

Not Legal Advice

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Other state law topics.