Updated September 7, 2026. Quick answer: In Delaware, delaware follows the Uniform Probate Code pattern: no bond is required of a personal representative before receiving letters, except when the will contains an express bond requirement or when the Court of Chancery orders bond on a demand from an interested person or creditor.
Delaware executor bond: what the statute says
Each line is a short extract quoted from the statute cited; the section has the exceptions. Delaware requires a bond only where the will requires one or the court orders it.
- When a bond is required. 12 Del. C. § 1522: “No bond shall be required of a personal representative prior to receiving letters, except: (1) When an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond; or (2) When bond is required by order of the Court of Chancery under § 1524 of this title.”
- Amount. 12 Del. C. § 1523: “If bond is required and the provisions of the will or court order do not specify the amount, the amount of the bond shall be fixed by the Register of Wills in an amount which shall not be less than the best estimate that can be made of the decedent’s personal estate.”
- Surety and cost. 12 Del. C. § 1523: “…the bond is duly executed by a corporate surety, or 1 or more individual sureties whose performance is secured by pledge of personal property, mortgage on real estate or other adequate security.”
For the rest of the process and its fees, see Delaware probate cost.
Does Delaware require an executor to post a bond?
Delaware follows the Uniform Probate Code pattern: no bond is required of a personal representative before receiving letters, except when the will contains an express bond requirement or when the Court of Chancery orders bond on a demand from an interested person or creditor.
“No bond shall be required of a personal representative prior to receiving letters, except: (1) When an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond; or (2) When bond is required by order of the Court of Chancery under § 1524 of this title.”
Source: 12 Del. C. §§ 1522, 1524
Can the will waive it in Delaware?
Sometimes. Because no-bond is the default, a will does not waive a bond; it can only create one by expressly requiring it; a will-required bond can then be dispensed with by the Court of Chancery upon a finding it is not necessary or desirable.
Can the heirs or beneficiaries waive it in Delaware?
No. There is no heir-consent waiver; an interested person may petition the Court of Chancery to excuse a bond requirement, but the court decides. Separately, any person with an interest in the estate worth more than $2,000, or a creditor with a claim over $2,000, can make a written demand that the personal representative give bond, which the Court of Chancery may order upon finding that bond is necessary or desirable.
If a bond is required, how much?
When a bond is required and the will or court order does not specify an amount, Delaware sets it at not less than the Register of Wills’ best estimate of the decedent’s personal estate, per its own bond-amount statute.
“the amount of the bond shall be fixed by the Register of Wills in an amount which shall not be less than the best estimate that can be made of the decedent’s personal estate”
Source: 12 Del. C. § 1523
What makes Delaware different
Delaware is a clean UPC-informal-style state: no bond by default, a will can only add one, and a $2,000 interest/claim threshold lets any interested person or creditor force the question in front of the Court of Chancery; the same shape as DC’s $1,000 trigger and Minnesota’s $1,000 trigger, just at a higher dollar line.
| Bond-requirement source | 12 Del. C. §§ 1522, 1524 |
| Delaware courts (general reference) | Delaware judicial branch |
| Confidence | High |
Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.
Related: how long creditors have to file a claim against an estate in Delaware.