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Free · general informationDelaware
What to do when someone dies in Delaware
The first things Delaware’s own law asks for after a death, quoted word for word, then the pages for everything that follows, in the order it usually comes. Nothing here decides what a particular family must do. That belongs to the office named, the court, or an attorney in Delaware.
Every fact dated, in the official words
Each state’s own law
Every quotation checked October 24, 2026
Your planner for Delaware is ready.US$39 once, printed at home.
Pages taken from the planner, by email: who to phone first, and a blank records sheet.
Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.
§1Filing the death certificate: who files it, and how soon
Registering the death comes first. These are Delaware’s own words on who files the record, and how soon.
(a) A certificate of death for each death which occurs in this State shall be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within 3 days after death, or as soon as possible after a death under subsections (e) and (f) of this section, and prior to final disposition of the dead body
The funeral director who assumes custody of the dead body shall file the certificate of death with the Office of Vital Statistics unless an official death investigation is required.
Delaware · general information · checked October 24, 2026 · 16 Del. C. §3123(a)–(b)
§2The medical certification, and how soon it is returned
When no official death investigation is required, the medical certification shall be completed, signed, and returned to the funeral director within 48 hours after death
Delaware · general information · checked October 24, 2026 · 16 Del. C. §3123(c)(1)
§3What the person holding the will must do, and how soon
The will has its own rules. These are Delaware’s own words on who brings it to the court after a death, and what the court does with it.
(a) Any person, having the custody or possession of any instrument of writing purporting to be a last will and testament and intended to take effect upon the death of the testator therein named, shall produce and deliver the same to the Register of Wills for the county in which the person resides, within 10 days from the time the person receives information of the death of the testator.
Delaware · general information · checked October 24, 2026 · 12 Del. C. §1301(a)
§4The liability for not delivering a will, and contempt of court
(b) Any person who wilfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure. Also, any person who wilfully fails to deliver a will after being ordered by the Court of Chancery in a proceeding brought for the purpose of compelling delivery is subject to penalty for civil contempt of Court.
Delaware · general information · checked October 24, 2026 · 12 Del. C. §1301(b)
§5Depositing a will with the Register of Wills for safekeeping: the fee, and what happens at the death
(a) An original will may be deposited by any testator, testatrix, attorney-in-fact or attorney-at-law for safekeeping in the office of the Register of Wills for New Castle County, Kent County, or Sussex County upon payment of a fee of $5.00.
Upon receipt of notice of the death of the testator or testatrix or by order of the court, the Register shall open the will and place the will in its pending file to await probate.
Delaware · general information · checked October 24, 2026 · 12 Del. C. §2513(a), (d)
§6Access to a safe deposit box before a personal representative is appointed
After the death of the decedent but prior to the appointment of a personal representative for the decedent’s estate, access to the decedent’s safe deposit box located in a “financial institution,” as defined by § 101 of Title 5, and held in the decedent’s sole name shall be limited
Delaware · general information · checked October 24, 2026 · 12 Del. C. §1313(a)
(a) A certificate of death for each death which occurs in this State shall be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within 3 days after death, or as soon as possible after a death under subsections (e) and (f) of this section, and prior to final disposition of the dead body
The funeral director who assumes custody of the dead body shall file the certificate of death with the Office of Vital Statistics unless an official death investigation is required.
When no official death investigation is required, the medical certification shall be completed, signed, and returned to the funeral director within 48 hours after death
Delaware · general information · checked October 24, 2026 · 16 Del. C. §3123(c)(1)
(a) Any person, having the custody or possession of any instrument of writing purporting to be a last will and testament and intended to take effect upon the death of the testator therein named, shall produce and deliver the same to the Register of Wills for the county in which the person resides, within 10 days from the time the person receives information of the death of the testator.
(b) Any person who wilfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure. Also, any person who wilfully fails to deliver a will after being ordered by the Court of Chancery in a proceeding brought for the purpose of compelling delivery is subject to penalty for civil contempt of Court.
Delaware · general information · checked October 24, 2026 · 12 Del. C. §1301(b)
(a) An original will may be deposited by any testator, testatrix, attorney-in-fact or attorney-at-law for safekeeping in the office of the Register of Wills for New Castle County, Kent County, or Sussex County upon payment of a fee of $5.00.
Upon receipt of notice of the death of the testator or testatrix or by order of the court, the Register shall open the will and place the will in its pending file to await probate.
Delaware · general information · checked October 24, 2026 · 12 Del. C. §2513(a), (d)
After the death of the decedent but prior to the appointment of a personal representative for the decedent’s estate, access to the decedent’s safe deposit box located in a “financial institution,” as defined by § 101 of Title 5, and held in the decedent’s sole name shall be limited
Delaware · general information · checked October 24, 2026 · 12 Del. C. §1313(a)
