Probate & inheritance · DE

What deadlines does a Delaware executor face after opening an estate?

A plain-language answer for Delaware homeowners, with the official sources listed below. Reviewed October 2026.

Short answer

The Kent County Register of Wills lists an inventory within three months of opening, creditor claims within eight months of death, tax filings within nine months and an accounting within one year. These dates shape when a house can be sold and when the money can safely be handed out.

Three months: the inventory

The brochure says the personal representative must file an inventory of the assets within three months after opening the estate, including all jointly held property. A house is usually the biggest item, so get a value in writing early. A recent appraisal or broker opinion helps the inventory and also gives the family a baseline for judging any offer.

Eight and nine months: claims and taxes

Creditors must file claims within eight months of the date of death, according to the notice described in the brochure. The brochure also says to file and pay any federal or state estate taxes within nine months of death. Delaware's estate tax chapter in the Code shows repeal effective January 1, 2018. Ask the attorney whether any state filing applies to your date of death and whether a federal filing could.

One year: the accounting

The brochure says the accounting is due within one year of opening the estate. It reports the total probate assets received, income earned by the estate and the debts paid. If the house sold during that year, the sale price, closing costs and payoffs all go in. Keep the closing statement from the title company with the estate file.

What this means for selling

Selling early can cut carrying costs, but proceeds should not be handed out until debts and taxes are understood. Ask your attorney which dates apply to your estate. This page is general information and not legal advice. Dates run from different starting points, so mark the death date and the date letters were issued on a calendar.

Selling for cash instead

Carrying costs on a vacant house keep running while these deadlines play out. If you want a direct sale, Kaizen Home Buyers can make a cash offer on the house exactly as it stands. There are no repairs and no agent commission. An offer can come within 24 hours, and closing takes 14 to 30 days or lands on your date. The number is 267-329-0084.

Sources

General information, not legal or tax advice. Rules change; confirm details with the office or a professional.

  1. What do you do when someone passes away? (county brochure) (Kent County Register of Wills (Delaware), May 2024)
  2. Delaware Code Title 30, Chapter 15, Estate Tax [Repealed] (Delaware General Assembly, repealed effective Jan. 1, 2018)
  3. Kaizen process steps (Kaizen Home Buyers, 2026-10-23)

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