Delaware Probate Bonds,
Handled Simply.

Probate in Delaware is handled by the Register of Wills, an elected official in each of the state's three counties, New Castle, Kent, and Sussex. The Register of Wills receives the petition, appoints the personal representative, sets the bond, and reviews the estate accounts. The Court of Chancery oversees contested matters, bond demands, and removals.

Delaware is not a Uniform Probate Code state. It administers estates under Title 12 of the Delaware Code. The estate fiduciary is called the personal representative, known as an executor when named in a will and an administrator when appointed without a will. The personal representative qualifies by taking an oath and filing any required bond with the Register of Wills before letters issue.

Delaware imposes no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.

Under Title 12 of the Delaware Code, Section 1523, the Register of Wills fixes the bond amount when one is required:

• Set by the Register of Wills: If the will or a court order does not specify the amount, the Register of Wills fixes it at not less than the best estimate of the value of the personal estate that will come into the personal representative's hands.
• Corporate or secured sureties: The bond may be executed by a corporate surety, or by one or more individual sureties whose performance is secured by a pledge of personal property, a mortgage, or other adequate security.
• Court of Chancery adjustments: On petition of the personal representative or another interested person, the Court of Chancery may excuse the bond, increase or reduce it, release sureties, or permit a substitute bond. The court considers whether the will excuses the bond.
• Liable for taxes: Under Section 1527, the bond is liable for all money received for Delaware or federal taxes, and for any penalty assessed for failing to file a required tax return.

Whether a Delaware bond is required depends on the will and the parties. Under Title 12, Sections 1522 through 1524:

• The will controls: A bond is required when the will expressly requires one. A bond that a will would otherwise require can be dispensed with when the Court of Chancery determines it is not necessary or desirable.
• Court of Chancery may excuse: On petition, the Court of Chancery may excuse the bond, taking into account whether the will excuses it and whether the estate and its creditors are protected.
• Demand for a bond: Under Section 1524, any interested person whose interest exceeds $2,000, or any creditor with a claim over $2,000, may file a written demand with the Court of Chancery that the personal representative give bond. On finding a bond necessary or desirable, the court may order one.
• Powers paused until bonded: After a bond is ordered on demand, the personal representative must stop exercising the powers of office, except to preserve the estate, until the bond is filed.
• Removal for failure: Failure to give a suitable bond within 10 days of notice is cause for removal and replacement of the personal representative.

Filing a Delaware probate bond follows Title 12 and the practice of the Register of Wills:

• Qualify before letters issue: Under Section 1521, the personal representative qualifies by filing any required bond with the Register of Wills before receiving letters testamentary or letters of administration.
• Filed in the right county: The petition and bond are filed with the Register of Wills in the county where the decedent was domiciled, New Castle, Kent, or Sussex.
• Nonresident power of attorney: Under Section 1506, a nonresident personal representative, or a corporation not chartered in Delaware, must file an irrevocable power of attorney naming the Register as agent for service of process before letters issue.
• Surety review: The Register of Wills confirms the bond is properly executed by a corporate surety or by secured individual sureties.
• Objection to the bond: Under Section 1526, an interested person who objects to the amount or condition of the bond may petition the Court of Chancery, which fixes the amount and condition.
• Bond stays in force: The bond remains in effect until the estate is administered, the final accounting is approved, and the personal representative is discharged.

When a Delaware probate bond is required, the cost is a premium paid to the surety company. The premium is a small percentage of the bond amount and depends on the size of the bond and the applicant's credit.

• Typical rate range: Most Delaware probate bonds are priced at roughly 0.5% to 1% of the bond amount per year for well-qualified applicants. A $100,000 bond commonly costs between $500 and $1,000 per year.
• Minimum premium: Many sureties apply a minimum premium of about $100 to $150 for small bonds.
• Credit impact: Applicants with strong credit qualify for the lowest rates. Applicants with weaker credit may pay a higher rate or be asked for collateral.
• Based on personal property: Because the Register of Wills sets the bond on the value of the personal estate, the premium reflects the liquid assets rather than real estate that passes outside the fiduciary's hands.
• Annual renewal: Delaware estates can stay open across more than one year, so the premium is charged annually until the personal representative is discharged.
• Premium as an estate expense: The bond premium is generally treated as a cost of administration that can be paid from estate assets.

Beyond the standard executor and administrator bonds, Delaware probate practice uses several additional bond types:

• Administrator With the Will Annexed: When a will names no executor or the named executor cannot serve, the Register of Wills grants letters of administration with the will annexed, and that personal representative posts a bond unless it is excused.
• Guardian Bond: A guardian appointed to manage the property of a minor or a person with a disability may be required to post a bond tied to the value of the property under management.
• Successor Administrator Bond: When a personal representative dies, resigns, or is removed, the Register of Wills appoints a successor, who must qualify and post any required bond.
• Nonresident Fiduciary Bond: A personal representative who lives outside Delaware files a power of attorney naming the Register as agent for service, and is more likely to be required to post a bond.
• VA Fiduciary Bond: A fiduciary appointed to manage benefits for a veteran answers to both the Delaware court and the federal Department of Veterans Affairs, and the bond may reflect both the estate and the benefits under management.

Delaware does not run a licensing board for private professional fiduciaries, but its probate system places clear duties on every personal representative:

• Register of Wills oversight: The Register of Wills in each county receives the petition, sets the bond, and reviews the inventory and accounts, keeping each personal representative under administrative supervision.
• Court of Chancery jurisdiction: The Court of Chancery handles contested matters, bond demands, removals, and disputes over fiduciary conduct, giving beneficiaries a court with deep equity experience.
• Bond liable for taxes: Under Section 1527, the personal representative's bond is liable for state and federal taxes and for penalties for failing to file required tax returns, which protects the public as well as the heirs.
• Demand protection: Under Section 1524, an interested person or creditor with more than $2,000 at stake may demand a bond, so beneficiaries can force protection even when a fiduciary started without one.
• Corporate fiduciaries: Banks and trust companies authorized to act as fiduciaries may serve, and the Register and the Court of Chancery oversee their accounts as with any other personal representative.

• Kent, Register of Wills (Dover)
• New Castle, Register of Wills (Wilmington)
• Sussex, Register of Wills (Georgetown)