How long does it usually take to get an out-of-state will approved in DE probate? | Delaware Estate Planning | FastCounsel
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How long does it usually take to get an out-of-state will approved in DE probate?

August 11, 2025 4 min read

Detailed Answer

Short answer: Under Delaware law, the time to have an out-of-state will admitted to probate typically ranges from a few weeks (if uncontested and all documents are in order) to several months. If anyone contests the will or there are complex assets (real estate, business interests, or disputes over domicile), the process can take many months or longer.

How admission of an out-of-state will works in Delaware

Delaware’s probate statutes and court rules govern how wills are presented for probate. The body of law dealing with decedents’ estates is in Title 12 of the Delaware Code; see the Delaware Code, Title 12: https://delcode.delaware.gov/title12/. The statewide court system and local registers handle filings; general court information is available at the Delaware Courts website: https://courts.delaware.gov.

Two common scenarios for an out-of-state will:

  • Decedent was domiciled in Delaware: The will is submitted as the primary will for probate here. The court will examine the will and follow Delaware procedures to admit it, notify heirs/creditors, and issue letters testamentary.
  • Decedent domiciled elsewhere but owned assets in Delaware (ancillary probate): The out-of-state will is submitted to a Delaware probate court to allow transfer or administration of Delaware-located assets. Ancillary administration is usually narrower in scope but still requires proof of the foreign will and issuance of ancillary letters.

Typical timeline (uncontested matters)

  • Preparing the filing: 1–3 weeks. This includes locating the original will (preferred), obtaining certified death certificate(s), obtaining an exemplified or certified copy of the foreign probate documents if already probated elsewhere, and preparing the petition and required forms.
  • Court processing and initial admission: 2–8 weeks. Many uncontested filings move reasonably quickly once submitted and when the court’s intake and docket are not backlogged. If the original will is produced and there are no objections, the register or court can admit the will and issue letters.
  • Total for a straightforward, uncontested out-of-state will: often 4–12 weeks from filing to issuance of letters—but local workload and document quality affect timing.

When it takes longer

  • Contested wills: If someone files an objection (e.g., challenging validity, capacity, undue influence), the matter can proceed to formal litigation and take many months or years.
  • Missing original will: If only a copy exists or proof requires testimony, additional steps and hearings can add weeks to months.
  • Complex assets or ancillary proceedings: Real estate, business interests, or out-of-state administrations often require coordination across jurisdictions and can lengthen the timeline.
  • Notice and creditor periods: Delaware law requires notice to certain interested parties and creditors; some notices create statutory waiting periods that prolong final distributions.

Practical steps that affect timing

  • File the original will whenever possible. Courts prefer originals; certified exemplified copies or a probated copy from another state may be acceptable for ancillary matters, but you may need additional documentation.
  • Obtain multiple certified death certificates before filing. Courts and third parties (banks, title companies) often require certified copies.
  • If the will was already probated in another state, bring the foreign court’s certificate of probate or exemplified letters to speed Delaware’s acceptance.
  • Provide a clear list of likely heirs and known creditors to help the court issue proper notices promptly.

Costs and fees

Expect filing fees, possible publication costs for notices, and fees for certified documents from other jurisdictions. If you hire an attorney, attorney fees will depend on complexity and whether the estate administration is contested.

Where to file and who decides

Delaware’s courts and registers handle probate filings. Which office you file with depends on the county and the estate facts. Because local procedures and workloads vary, contacting the appropriate Delaware court office or a Delaware probate attorney will give the best estimate for local timelines.

Disclaimer

This content is for general informational purposes only and is not legal advice. I am not a lawyer. For guidance specific to your situation—especially if the will may be contested or involves out-of-state issues—consult a licensed Delaware probate attorney.

Helpful Hints

  • Gather the original will and several certified death certificates before you file.
  • If the will was already probated in another state, obtain an exemplified copy or letters testamentary from that state to speed ancillary admission.
  • Prepare a list of heirs and known creditors to simplify notice requirements.
  • Expect uncontested admissions in Delaware to take weeks to a few months; plan estate transactions (like selling property) accordingly until letters are issued.
  • Ask whether the Delaware filing is primary probate or ancillary administration—this affects documents required and timing.
  • Contact the Delaware Courts website for general filing information: https://courts.delaware.gov, and consult Title 12 of the Delaware Code for statutory provisions: https://delcode.delaware.gov/title12/.
  • When in doubt, speak with a Delaware probate attorney early—an experienced attorney can often shorten delays by making sure filings are complete and notices are correct.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.