What paperwork needs to be filed after someone dies?

After a death, families typically need to file 47+ forms including: IRS Form SS-4 (estate EIN), IRS Form 56 (executor notice), Social Security death notification, SSA-8 lump-sum benefit, SSA-10 survivor benefits, final 1040 tax return, life insurance claims, probate petition, and notifications to banks, credit bureaus, and government agencies.

How do I apply for a Social Security death benefit?

You can claim the $255 Social Security lump-sum death benefit (SSA-8) by calling 1-800-772-1213 or visiting your local Social Security office. You must claim within 2 years of the death. A surviving spouse or dependent child is eligible. LastingPath provides a step-by-step wizard for SSA-8.

Do I need probate if someone dies without a will?

It depends on the estate value and state. Many states allow small estates under $50,000–$100,000 to skip probate using a Small Estate Affidavit. Estates above the threshold typically require probate court even without a will. LastingPath helps you determine if you qualify for the small estate process.

What is an estate EIN and do I need one?

An estate EIN (Employer Identification Number) is a tax ID for the deceased's estate. You need one to open an estate bank account, file the estate tax return (Form 1041), and handle most financial transactions. You apply for it using IRS Form SS-4, which LastingPath can guide you through in minutes.

How long does estate administration take?

Simple estates with no real estate and under the small estate threshold can be settled in 1–3 months. Estates going through probate typically take 6–18 months. Most time-sensitive tasks (Social Security, IRS notifications, creditor notices) have deadlines within the first 60–90 days.

How do I get an EIN for an estate?

File IRS Form SS-4 to obtain an Employer Identification Number (EIN) for the deceased's estate. You can apply online at irs.gov, by fax, or by mail. The EIN is required to open an estate bank account, file estate tax returns, and manage financial transactions on behalf of the estate. LastingPath walks you through the SS-4 application step by step.

What is Form 56 and when do I need to file it?

Form 56 is the Notice Concerning Fiduciary Relationship filed with the IRS. It formally notifies the IRS that you (the executor, administrator, or personal representative) are acting on behalf of the deceased's estate. You should file Form 56 as soon as you are appointed by the court or named in the will. LastingPath's guided wizard helps you complete and file Form 56 correctly.

How do I claim Social Security survivor benefits?

File SSA-10 for monthly survivor benefits if you are a surviving spouse, dependent child, or other eligible dependent. You can apply by calling Social Security at 1-800-772-1213 or visiting your local office. Survivor benefits can provide ongoing monthly income based on the deceased's earnings record. LastingPath guides you through the SSA-10 application process.

What is the deadline for filing estate tax returns?

Form 706 (United States Estate Tax Return) is due 9 months after the date of death. You can request an automatic 6-month extension using Form 4768. For 2026, estates exceeding $13.61 million in gross assets are required to file. The estate income tax return (Form 1041) is due on April 15 of the year following death. LastingPath tracks these deadlines and sends reminders.

How do I notify creditors of a death?

Send written notice to known creditors within the timeframe required by your state (typically 30–90 days after appointment). Most states also require publishing a notice in a local newspaper to notify unknown creditors. Creditors then have a limited window (usually 3–6 months) to file claims against the estate. LastingPath's Creditor Shield tool helps you manage creditor notifications and analyze claims.

Do I need probate if the estate is small?

Many states allow small estate affidavits for estates below a certain threshold, typically $25,000 to $200,000 depending on the state. A small estate affidavit lets you transfer assets without going through formal probate court proceedings, saving significant time and legal fees. LastingPath covers small estate affidavit guidance for all 50 states and helps you determine if you qualify.

How do I transfer a vehicle title after death?

Contact your state DMV with the death certificate, the vehicle title, and proof of your authority as executor or heir (Letters Testamentary or small estate affidavit). Requirements vary by state — some require an odometer reading, emissions test, or notarized affidavit. LastingPath's vehicle transfer wizard provides state-specific instructions and required documents.

What is a Letters Testamentary?

A Letters Testamentary is a court document that officially grants the executor authority to act on behalf of the estate. It is issued by the probate court after the will is validated. Banks, insurance companies, and government agencies require Letters Testamentary before they will release assets or information. If there is no will, the equivalent document is called Letters of Administration.

How long does estate administration typically take?

Simple estates take 6–12 months to fully settle, while complex estates with real property, business interests, or contested claims can take 1–3 years. Key milestones include obtaining the EIN (week 1), filing IRS and SSA notifications (month 1), completing probate (months 3–12), and making final distributions. LastingPath provides a personalized timeline and deadline tracker for your estate.

Can I handle estate administration without a lawyer?

Yes, for straightforward estates with clear beneficiaries, no disputes, and assets below the estate tax threshold, many executors handle administration themselves. LastingPath provides guided wizards for every form and task, AI-powered assistance for questions, and state-specific guidance. For complex situations involving business assets, tax planning, or family disputes, consulting an estate attorney is recommended.

How long does probate take in Delaware?

Probate in Delaware typically takes 6–12 months. The timeline depends on estate complexity, whether a will exists, and how quickly creditors are notified. Delaware does not have a simplified informal probate option, so most estates must go through the full formal process.

What is the small estate limit in Delaware?

Delaware's small estate threshold is $30,000. If the total probate estate is under this amount, you may qualify to use the "Small Estate Affidavit" instead of going through formal probate. There is no mandatory waiting period in Delaware — you can file the affidavit immediately.

Do I need a lawyer to settle an estate in Delaware?

For small estates under $30,000, you can typically handle the affidavit process yourself without an attorney. For larger estates going through probate at the Register of Wills, legal guidance is strongly recommended — especially if the estate includes real property, business interests, or creditor disputes. LastingPath helps you prepare the paperwork and understand the process, though we are not a law firm.

How do I transfer a car title after death in Delaware?

Vehicle title transfers in Delaware are handled by the Delaware Division of Motor Vehicles (DMV). You will typically need a certified death certificate, the existing vehicle title, and proof of your authority (such as Letters Testamentary or a small estate affidavit). If the estate qualifies under Delaware's $30,000 small estate limit, you may be able to transfer the title using the simplified affidavit process. Visit Delaware Division of Motor Vehicles (DMV)'s official website for current forms and fees.

Does Delaware have a state estate tax?

No. Delaware does not have a state estate tax. The estate only needs to consider federal estate tax obligations (currently applicable to estates over $13.99M in 2025).

What forms do I need to file with the IRS when someone dies?

Regardless of which state you are in, federal requirements apply to all estates. You will typically need to: (1) Apply for an Estate EIN using IRS Form SS-4; (2) File IRS Form 56 to notify the IRS you are the executor or personal representative; (3) File the decedent's final individual income tax return (Form 1040); and (4) If the estate generates income, file a fiduciary income tax return (Form 1041). LastingPath has step-by-step wizards for the SS-4 and Form 56.

Estate Administration in Delaware: A Complete Step-by-Step Guide

Key Insight for Delaware Estates

Delaware estates are handled by the Register of Wills in each county. The small estate threshold is $30,000.

Does Delaware Have a Small Estate Process?

Yes. Delaware allows estates valued under $30,000 to use a simplified process called the "Small Estate Affidavit" instead of going through formal probate. This process is typically faster, cheaper, and requires significantly less paperwork than opening a full probate case in Delaware.

No Waiting Period: Delaware does not require a waiting period before filing the Small Estate Affidavit.

To use Delaware's small estate process, you will typically need:

A certified death certificate (order 8–12 copies from the vital records office)
An itemized list of the decedent's probate assets and their approximate values
A completed and notarized Small Estate Affidavit
Proof of your identity and relationship to the decedent

Get the Small Estate Affidavit →

Probate in Delaware

If the estate exceeds $30,000 or includes real property that does not transfer automatically, you will need to open a probate case with the Register of Wills in the county where the deceased resided.

Probate in Delaware typically takes 6–12 months. Delaware requires formal probate proceedings for estates above the small estate threshold — there is no informal probate option.

Delaware Probate at a Glance

Court: Register of Wills
Duration: 6–12 months
Simplified Track: Not available
Typical Filing Deadline: Within 30 days of death

As executor or personal representative, you will need Letters Testamentary (if there is a will) or Letters of Administration (if there is no will) issued by the Register of Wills. These documents authorize you to manage estate assets, close accounts, pay debts, and distribute property to heirs.

Visit the Register of Wills

Your Estate Administration Checklist for Delaware

These are the most important tasks to complete after a loved one passes away in Delaware. LastingPath tracks each step and generates the required forms for you.

To doObtain certified death certificates — order 10–15 copies from Delaware's vital records office (you will need one for almost every institution you contact)
To doApply for an Estate EIN using IRS Form SS-4 — required to open an estate bank account and file estate tax returns
To doFile IRS Form 56 to notify the IRS that you are the executor or personal representative of the estate
To doNotify the Social Security Administration (SSA) of the death and stop any ongoing benefit payments
To doFile Form SSA-8 to claim the SSA Lump Sum Death Benefit ($255) — must be claimed within 2 years
To doDetermine if the estate qualifies for Delaware's Small Estate Affidavit (estates under $30,000)
To doNotify the Delaware Division of Motor Vehicles (DMV) and transfer vehicle titles — you will need a death certificate and proof of authority
To doCancel the driver's license with the Delaware Division of Motor Vehicles (DMV) to prevent identity fraud
To doNotify the three major credit bureaus — Equifax, Experian, and TransUnion — to place a deceased alert and prevent identity theft
To doFile the decedent's final federal income tax return (Form 1040) by the April 15 deadline following the year of death
To doIf the estate generates income during administration, file a fiduciary income tax return (Form 1041) for the estate
To doNotify life insurance companies, banks, retirement account custodians, and pension providers to begin beneficiary claim processes
To doCancel subscriptions, memberships, utilities, and other recurring services in the decedent's name

Get Your Personalized Delaware Checklist →

LastingPath Tools for Delaware Estates

LastingPath generates state-specific forms and guides for every step of settling an estate in Delaware. Sign up to access all tools — one flat fee, no subscriptions.

Delaware Small Estate Affidavit

Generate the Small Estate Affidavit pre-filled for Delaware — covers estates under $30,000.

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SS-4 Estate EIN Application

Get your Estate EIN from the IRS — required to open an estate bank account and file estate tax returns.

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IRS Form 56 (Executor Notification)

Notify the IRS that you are the executor. Required to receive estate-related correspondence from the IRS.

Open tool →

SSA-8 Death Benefit Claim

Claim the $255 Social Security lump sum death benefit. Must be filed within 2 years of the date of death.

Open tool →

Delaware Vehicle Transfer

Transfer vehicle titles through the Delaware Division of Motor Vehicles (DMV) after a death. We generate the required forms.

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Notify All Institutions

Generate notification letters for banks, credit cards, insurance companies, employers, and credit bureaus in one step.

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Frequently Asked Questions

How long does probate take in Delaware?: Probate in Delaware typically takes 6–12 months. The timeline depends on estate complexity, whether a will exists, and how quickly creditors are notified. Delaware does not have a simplified informal probate option, so most estates must go through the full formal process.
What is the small estate limit in Delaware?: Delaware's small estate threshold is $30,000. If the total probate estate is under this amount, you may qualify to use the "Small Estate Affidavit" instead of going through formal probate. There is no mandatory waiting period in Delaware — you can file the affidavit immediately.
Do I need a lawyer to settle an estate in Delaware?: For small estates under $30,000, you can typically handle the affidavit process yourself without an attorney. For larger estates going through probate at the Register of Wills, legal guidance is strongly recommended — especially if the estate includes real property, business interests, or creditor disputes. LastingPath helps you prepare the paperwork and understand the process, though we are not a law firm.
How do I transfer a car title after death in Delaware?: Vehicle title transfers in Delaware are handled by the Delaware Division of Motor Vehicles (DMV). You will typically need a certified death certificate, the existing vehicle title, and proof of your authority (such as Letters Testamentary or a small estate affidavit). If the estate qualifies under Delaware's $30,000 small estate limit, you may be able to transfer the title using the simplified affidavit process. Visit Delaware Division of Motor Vehicles (DMV)'s official website for current forms and fees.
Does Delaware have a state estate tax?: No. Delaware does not have a state estate tax. The estate only needs to consider federal estate tax obligations (currently applicable to estates over $13.99M in 2025).
What forms do I need to file with the IRS when someone dies?: Regardless of which state you are in, federal requirements apply to all estates. You will typically need to: (1) Apply for an Estate EIN using IRS Form SS-4; (2) File IRS Form 56 to notify the IRS you are the executor or personal representative; (3) File the decedent's final individual income tax return (Form 1040); and (4) If the estate generates income, file a fiduciary income tax return (Form 1041). LastingPath has step-by-step wizards for the SS-4 and Form 56.

Delaware-Specific Considerations

Delaware has a unique Register of Wills system rather than a dedicated probate court. Each of Delaware's three counties has its own Register.

Settling an Estate in Delaware

Does Delaware Have a Small Estate Process?

Probate in Delaware

Your Estate Administration Checklist for Delaware

LastingPath Tools for Delaware Estates

Frequently Asked Questions

Delaware-Specific Considerations

Ready to settle the estate in Delaware?