How Much Does a Living Trust Cost in Delaware? (2026)

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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.

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When you need a Delaware attorney instead ↓

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 ForDelaware RangeNotes
Online trust service$100 – $600Delaware-specific documents; funding is on you
Living trust, attorney-drafted$1,500 – $3,000Individual, straightforward assets
Full estate plan (couple)$2,000 – $4,500Trust + will + POA + directive
Deed transfer into trust$150 – $400 per propertyEvery 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
ItemDelaware
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 TrustWithout
Cost$2,000-$5,000 (one-time trust creation)2% of net personal estate (closing costs) + attorney fees + executor commissions
TimelineWeeks to a few monthsMonths to over a year
PrivacyPrivatePublic court record

Online or Delaware Attorney?

SituationRoute
Assets only in Delaware, standard estateOnline service
Property in 2+ states, blended family, businessAttorney

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.

  1. Get two or three flat-fee quotes. Identical work varies by $1,000+ inside one metro.
  2. Ask what’s included. Deed transfers run $150–$400 each and are often quoted separately.
  3. Don’t buy complexity you don’t have.

Three ways to pay less in Delaware

  1. 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.
  2. 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.
  3. 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.

Create your trust online →


More: Living trust costs nationwide · Delaware estate planning guide · Funding your trust

Last updated: August 2026. Educational information, not legal advice or a quote.