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Will Contest Deadline in Delaware

In Delaware, an interested person who did not appear and was not served at the proof of the will can seek review within 6 months after the order of probate, and no-contest clauses are enforceable except in listed cases, such as when the beneficiary substantially prevails.

Last checked . General information, not legal advice.

Delaware at a glance

Deadline to contest
6 months
Applies to interested persons who did not appear and were not served with citation or notice.
Clock starts
Entry of the order of probate
No-contest clauses enforced
Yes, with exceptions
Not applied if the beneficiary substantially prevails, to settlements, or to construction actions, among other exceptions.

Sources

Last checked

The rules in Delaware

How long do you have to contest a will in Delaware?

Deadline to contest in Delaware: 6 months. Applies to interested persons who did not appear and were not served with citation or notice.

When does the deadline to contest a will start in Delaware?

Clock starts in Delaware: Entry of the order of probate.

Are no-contest clauses in wills enforceable in Delaware?

Yes, with exceptions. No-contest clauses enforced in Delaware: yes, with exceptions. Not applied if the beneficiary substantially prevails, to settlements, or to construction actions, among other exceptions.

Where do the Delaware will contest deadlines come from?

The rules above come from 12 Del. C. 1309 and 12 Del. C. 3329. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Deadlines for will contests are often short and strictly applied. Knowing exactly which event starts the clock in the state where the will is probated, such as the date of admission, the date notice was mailed, or the date of publication, matters as much as knowing the length of the period.

Only people with a legal stake in the estate can usually contest a will, such as heirs who would inherit without the will or beneficiaries named in an earlier will. A contest also needs a recognized legal ground. Being disappointed with the amount left to you is generally not enough on its own.

A no-contest clause (also called an in terrorem clause) says a beneficiary who challenges the will loses their gift. Whether such a clause is enforced, and whether there is an exception for challenges brought with probable cause or in good faith, depends on state law. Anyone weighing a challenge, and anyone drafting a will, can check the state statute and may want to talk to a probate attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.