What Delaware's New Probate Threshold Means for Your Estate Plan
On June 10, 2026, Governor Matt Meyer signed House Bill 333 into law, raising Delaware's small estate probate threshold from $30,000 to $50,000. The change took effect immediately. Under the new law, an estate valued at $30,000 or less still applies if the decedent died before June 10, 2026. For anyone who dies on or after that date, the threshold is now $50,000.
In practical terms, this means that when a person passes away owning $50,000 or less in assets held solely in their own name, their family may be able to use Delaware's simplified small estate process instead of opening a formal probate administration through the Register of Wills. The prior $30,000 limit had not been updated since 2005, so this adjustment brings Delaware's threshold in line with neighboring states like Pennsylvania and Maryland, and is intended to ease the burden on families settling modest estates.
So what does this mean for your estate plan? For most people, not much.
It is a welcome update, and will help some Delaware families, particularly those with smaller estates who might otherwise have faced the time and expense of a formal probate proceeding for what amounts to a car and a bank account. If that describes your situation, this change is good news.
But for the majority of Delaware, the probate threshold remains far below what most people accumulate over a lifetime of homeownership and savings. A $50,000 limit still captures most estates well within the reach of formal probate. Owning a home, and/or holding savings with any meaningful balance, is often enough on its own to exceed the new threshold. The estate planning strategies that made sense before HB 333 still make sense today.
A well-structured plan continues to do its job. A properly funded trust, whether revocable or irrevocable, keeps assets titled outside your individual name and outside the probate process altogether, regardless of what the statutory threshold happens to be. Trusts remain one of the most effective tools available for avoiding probate, maintaining privacy, and controlling how and when your assets pass to the people you love.
Alongside a trust, a current Power of Attorney and Advance Health Care Directive are just as essential. These documents have nothing to do with the probate threshold at all. They govern what happens while you are alive, giving someone you trust the legal authority to manage your finances or make health care decisions on your behalf if you become unable to do so yourself. Without them, your family may find themselves in court seeking guardianship at the exact moment they can least afford the delay.
HB 333 is a sensible, incremental update to a number that had been frozen for two decades. It deserves recognition as good public policy. But it is not a substitute for a thoughtful estate plan, and it does not change the guidance we have long given our clients: build a plan around a trust, keep your Powers of Attorney and Advance Health Care Directives current, and revisit that plan regularly as your life and assets change.
If you have questions about how this update applies to your specific situation, or if it has been a while since your documents were reviewed, we would welcome the opportunity to talk with you.
Procino-Wells & Woodland, LLC is a Delaware estate planning and elder law firm with offices in Lewes and Seaford, serving families throughout Delaware. Our experienced attorneys focus exclusively on estate planning, elder law, and estate and trust administration, including Wills, Powers of Attorney, Trusts, Medicaid planning, VA Aid & Attendance benefits, special needs planning, and asset protection from long-term care costs. With 46 combined years of experience and VA accreditation, our all-women team helps Delaware families plan for their future, protect their assets, and navigate complex elder law matters. Contact us at www.pwwlaw.com to schedule an educational consultation. Consider our virtual meetings to accommodate your schedule or save your drive time.