FAQs for Delaware Probate
Probate laws vary state to state so it is important that you understand the laws in your state. There are key differences that make dealing with probate in Delaware unique.
1. Can Probate be avoided in Delaware?
In Delaware, you can avoid Probate if you set up a trust for all of your assets. If there is no trust or other plans, the estate will enter the probate process in Delaware which can be a long process.
2. How long does Probate Take in Delaware?
The probate process in Delaware can be frustratingly long. It can take anywhere from 9 months to over 2 years, depending upon the complexity of the estate, the number of heirs, and the speed of the local court administering the case. If the Will is being contested, probate can drag on for even longer – sometimes taking several years. And that was pre-pandemic so now we are seeing more delays. Parker & Cole can get you funded long before the probate process is completed.
3. How can I speed up the probate process in Delaware?
Unfortunately, there is no real way to speed up the probate process, as it is required to go through the Courts which are currently backlogged. However, Parker & Cole can be the ideal solution to access a portion of your inheritance while you wait for the estate to close and disburse. The experienced professionals at Parker & Cole can guide you through the process making it easy to get the money you need as quickly as the same day.
4. Can I get a Probate Advance in Delaware?
Yes. Parker & Cole works in all fifty states and in all of Delaware’s counties, including, but not limited to the following:
- Kent County, DE
- New Castle County, DE
- Sussex County, DE
5. Does Delaware have an estate tax?
No, Delaware does not have an estate tax. The following states do have an estate tax:
- New York
- Rhode Island
- Washington (state)
6. Does Delaware have an inheritance tax?
No, Delaware does not have an inheritance tax. The following states do have an inheritance tax:
- New Jersey