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.
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 mechanism here; instead 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 then order.
If a bond is required, how much?
When a bond is required, Delaware sizes it at 100% of the estimated value of the personal estate plus expected annual income, 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.