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A living trust in Delaware costs $1,500 – $3,000 attorney-drafted, $2,000 – $4,500 for a couple’s full plan, or $100–$600 online. Probate in Delaware is cheaper and simpler than in states with statutory fee schedules, so the honest case for a trust here rests on privacy, incapacity planning, and speed more than on avoided cost.
For a straightforward Delaware estate, online is a reasonable route.
If your assets are in Delaware only, with no blended family and no estate-tax exposure, an online service like Trust & Will produces a complete Delaware trust in about an hour.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
Delaware Living Trust Cost (2026)
| What You’re Paying For | Delaware Range | Notes |
|---|---|---|
| Online trust service | $100 – $600 | Delaware-specific documents; funding is on you |
| Living trust, attorney-drafted | $1,500 – $3,000 | Individual, straightforward assets |
| Full estate plan (couple) | $2,000 – $4,500 | Trust + will + POA + directive |
| Deed transfer into trust | $150 – $400 per property | Every Delaware property needs one |
Typical flat fees reported by Delaware attorneys and legal directories, reviewed quarterly. A guide, not a quote.
What Probate Actually Costs in Delaware
- Probate must be opened: within 10 days after death
- Small estate affidavit: Personal estates of $30,000 or less (no solely-titled real estate); 30-day waiting period after death
- Probate timeline: Approximately 1 year; 8-month minimum (creditor claim period)
- Probate records are public: — maintained by the Register of Wills (New Castle County archives date to the 1600s)
- Homestead exemption: $200,000 (increased from $125,000, effective January 1, 2025)
- Personal property: (stocks, bonds, cash, LLC interests, partnership interests, intellectual property) can be held in a Delaware trust forever
| Item | Delaware |
|---|---|
| Simple living trust (individual) | $1,500 – $3,000 Single person, straightforward assets |
| Living trust (married couple) | $2,000 – $4,500 Married, joint or separate trusts |
| Full estate plan package (trust + will + POA + healthcare directive) | $2,000 – $5,000+ Most families — this is what you actually need |
Full Delaware probate rules and thresholds: our Delaware estate planning guide.
What each price point buys in Delaware
- $100–$600 (online): A valid Delaware trust document, pour-over will, and directives. You do the funding — every Delaware deed transfer, every account retitling.
- $1,500 – $3,000 (attorney, individual): Custom drafting, review of how your assets are titled, and usually one deed included. Confirm that last part before you sign.
- $2,000 – $4,500 (attorney, couple): Adds marital property planning.
Does your estate even need probate in Delaware?
Before paying for anything, check whether Delaware would require full probate at all. The state’s simplified route: Personal estates of $30,000 or less (no solely-titled real estate); 30-day waiting period after death Estates that fit under it can often transfer by affidavit or summary procedure, with no personal representative and no attorney — which makes a trust a convenience decision rather than a cost-avoidance one. Estates above it are where the numbers above start to bite.
Trust vs. probate in Delaware
| With a Trust | Without | |
|---|---|---|
| Cost | $2,000-$5,000 (one-time trust creation) | 2% of net personal estate (closing costs) + attorney fees + executor commissions |
| Timeline | Weeks to a few months | Months to over a year |
| Privacy | Private | Public court record |
Online or Delaware Attorney?
| Situation | Route |
|---|---|
| Assets only in Delaware, standard estate | Online service |
| Property in 2+ states, blended family, business | Attorney |
The dividing line is funding, not drafting. Online documents are valid in Delaware; what they don’t do is retitle your assets. See funding your trust.
Other Delaware rules that affect the plan
- Silent trust provisions: (12 Del. C. §3303) allow you to limit or eliminate beneficiary notice for specified periods
- Dynasty trusts last perpetually: for personal property (25 Del. C. §503); 110 years for real property held directly in trust
- Directed trust structure: (12 Del. C. §3313) — the premier jurisdiction for bifurcated trust governance
- Asset protection trust (DAPT): available under the Qualified Dispositions in Trust Act (12 Del. C. §§3570-3576)
- No state income tax on trust income: accumulated for out-of-state beneficiaries
- Overseen by: Register of Wills in each of the 3 counties (New Castle, Kent, Sussex) — a clerk of the Court of Chancery
- Closing costs: 1.75% of net personal estate + 0.25% technology fee = 2% total (real estate excluded)
- No state estate tax: — repealed effective January 1, 2018
- No state inheritance tax: — repealed January 1, 1999
- State income tax: 0% to 6.60% on individual income (top bracket at $60,000+)
- Common law (equitable distribution) state: — not community property
- Elective share: Surviving spouse entitled to one-third (1/3) of the elective estate (12 Del. C. §901)
Recent Delaware Changes Worth Knowing
- December 2025 — TOD Deeds Enacted: Governor Meyer signed House Bill 147 (Substitute 1) enacting the Uniform Real Property Transfer on Death Act. Delaware residents can now record TOD deeds for real property — a tool that was not previously available.
- August 2023 — Trust Act 2023: DAPT transfers now protected from spousal claims when spouse provides written consent after disclosure (12 Del. C. §3573(c)).
- January 2025 — Homestead exemption increased: From $125,000 to $200,000.
- January 2018 — State estate tax repealed: Delaware no longer imposes a state estate tax.
- Federal — OBBBA (July 2025): The federal estate tax exemption is now permanently set at $15 million per individual ($30 million per married couple) starting 2026, with inflation adjustments beginning 2027. The scheduled sunset to ~$7 million did not happen.
Living trust costs in nearby states
Attorney pricing and probate rules shift at the state line — compare Delaware with Maryland, Pennsylvania, New Jersey.
When to Hire A Delaware Attorney
Online stops being the right answer when the estate has moving parts: property in more than one state, a blended family, a business, or anyone you intend to exclude.
- Get two or three flat-fee quotes. Identical work varies by $1,000+ inside one metro.
- Ask what’s included. Deed transfers run $150–$400 each and are often quoted separately.
- Don’t buy complexity you don’t have.
Three ways to pay less in Delaware
- Compare two or three flat-fee quotes. Identical Delaware trust packages vary by $1,000 or more inside the same metro, and almost nobody shops it.
- Count the deeds before comparing prices. At $150–$400 apiece, with properties in multiple counties each needing their own recorded transfer, a quote including one deed can beat a cheaper quote including none.
- Check the simplified threshold first. Personal estates of $30,000 or less (no solely-titled real estate); 30-day waiting period after death If your estate clears that, you may be buying convenience rather than savings.
Official sources: delcode.delaware.gov · courts.delaware.gov · revenue.delaware.gov · newcastlede.gov
FAQ
How much does a living trust cost in Delaware?
$1,500 – $3,000 attorney-drafted, $2,000 – $4,500 for a couple’s full estate plan, or $100 to $600 through an online service. Add $150 to $400 per property for the deed transfers that fund it.
Is a living trust worth it in Delaware?
A trust costs $2,000-$5,000 (one-time trust creation) once, against probate at 2% of net personal estate (closing costs) + attorney fees + executor commissions.
Can I make my own living trust in Delaware?
Yes — online services produce valid Delaware documents. The risk is funding: a trust that doesn’t hold title to your home doesn’t avoid probate for it.
Can a small estate skip probate in Delaware?
Often, yes. Delaware’s simplified threshold: Personal estates of $30,000 or less (no solely-titled real estate); 30-day waiting period after death Estates under it may transfer without full administration, which changes whether a trust is worth paying for.
If the online route fits your situation, Trust & Will’s trust plan covers Delaware and takes about an hour.
More: Living trust costs nationwide · Delaware estate planning guide · Funding your trust
Last updated: August 2026. Educational information, not legal advice or a quote.