What to Do When Someone Dies in Delaware

When someone dies in Delaware, the immediate steps involve calling emergency services or a doctor to pronounce the death, contacting a funeral home to care for the body, and notifying close family members. Delaware state law requires specific procedures for death certificates, burial permits, and vital record notifications that must be completed within designated timeframes.

Losing someone close to you brings overwhelming emotions alongside urgent practical decisions. Understanding Delaware’s specific requirements can help you navigate this difficult time with less confusion and ensure you meet all legal obligations.

Immediate Steps After a Death in Delaware

The first actions you take depend on where the death occurred and whether it was expected or sudden.

If the death was expected and occurred at home: Call the deceased person’s doctor or hospice care provider first. If they cannot come immediately, call 911 and inform the dispatcher that this was an expected death. The medical professional will pronounce the death and determine if an autopsy is needed.

If the death was unexpected: Call 911 immediately. Emergency responders will arrive to assess the situation. The coroner or medical examiner may need to investigate unexpected deaths, which can delay the release of the body.

If the death occurred in a hospital or care facility: The medical staff will handle the initial procedures and work with you to arrange for the body’s care. You will need to choose a funeral home or cremation provider.

Regardless of the circumstances, contact a funeral home as soon as possible. They will coordinate with medical professionals to transport the body and guide you through Delaware’s required procedures.

Delaware Death Certificate Requirements

Delaware requires a death certificate to be filed within 5 days of the death. The funeral director typically handles this process, but understanding the requirements helps ensure everything proceeds smoothly.

Who files the death certificate: The funeral director or person in charge of disposition usually completes and files the death certificate with the Delaware Division of Public Health, Office of Vital Statistics.

Medical certification: A doctor, medical examiner, or coroner must certify the cause of death. If the attending physician is unavailable, the medical examiner will handle the certification.

Required information includes:

• Full name, age, and address of the deceased
• Social Security number
• Place and time of death
• Cause of death (completed by medical professional)
• Parents’ names, including mother’s maiden name
• Marital status and spouse’s name if applicable
• Military service information
• Occupation and employer information

You can learn more about obtaining copies later in our guide to how to get a death certificate in Delaware.

Source: Delaware Division of Public Health

Choosing Between Burial and Cremation

Delaware allows both burial and cremation, with specific regulations for each option. Your choice affects timeline and required permits.

For burial: Delaware requires a burial permit before interment. The funeral director obtains this permit after the death certificate is filed. Burial must occur in a licensed cemetery or approved private burial ground.

For cremation: Delaware requires a 48-hour waiting period before cremation can occur, unless waived by the medical examiner. The funeral director must obtain a cremation permit. If the death was unexpected or under investigation, additional authorization may be required.

Body donation: If the deceased wished to donate their body to science, contact the medical school or research facility immediately. Delaware has specific procedures for anatomical gifts that must be followed promptly.

Essential People to Notify

Certain organizations and individuals must be notified within specific timeframes after a death in Delaware.

Immediate notifications (within 24-48 hours):

• Close family members and friends
• The deceased’s employer or business partners
• Landlord if the person rented their home
• Any home care providers or housekeepers

Government agencies (within 2 weeks):

• Social Security Administration at 1-800-772-1213
• Delaware Department of Motor Vehicles to cancel driver’s license
• Voter registration office in the county where the person lived
• IRS and Delaware Division of Revenue
• Veterans Administration if the person served in the military

Financial institutions and services:

• Banks, credit unions, and investment companies
• Credit card companies
• Insurance companies (life, health, auto, homeowners)
• Utility companies
• Phone, internet, and cable providers

Our comprehensive guide on who to notify when someone dies provides detailed contact information and timing requirements for each type of notification.

Delaware Probate and Estate Administration

Delaware handles estate administration through the Register of Wills in each county. The process varies based on the estate’s size and whether the deceased had a valid will.

Small estates (under $30,000): Delaware allows a simplified affidavit process for small estates without real property. This avoids formal probate proceedings.

Larger estates: Must go through formal probate in the Register of Wills office in the county where the deceased lived. The court will appoint an executor or administrator to handle the estate.

Required documents for probate:

• Original death certificate
• Original will (if one exists)
• Petition for probate
• List of heirs and beneficiaries
• Inventory of assets and debts

Probate proceedings in Delaware typically take 6-12 months for straightforward estates. Complex estates with disputes or extensive assets may take longer.

Delaware-Specific Legal Considerations

Property ownership: Delaware recognizes various forms of property ownership that affect what happens after death. Joint tenancy with right of survivorship allows property to pass directly to the surviving owner without probate.

Community property: Delaware is not a community property state, so property division follows common law principles based on whose name appears on titles and deeds.

Spousal rights: Delaware law protects surviving spouses from being completely disinherited. A surviving spouse may elect to take a statutory share of the estate even if the will provides less.

Homestead exemption: Delaware allows a surviving spouse to remain in the family home during probate proceedings, protecting against immediate displacement.

Planning Funeral Services in Delaware

Delaware has specific requirements for funeral homes and burial practices that affect your planning decisions.

Funeral director licensing: Only licensed funeral directors can handle body preparation and transportation in Delaware. Verify that any funeral home you choose holds current Delaware licensing.

Embalming requirements: Delaware does not require embalming unless the body will be transported out of state or burial is delayed more than 24 hours. Refrigeration is an alternative to embalming for short-term preservation.

Cremation regulations: Delaware requires that cremated remains be placed in a suitable container. Scattering is allowed on private property with permission or in designated areas of some cemeteries.

Green burial options: Delaware allows natural burial in approved green cemeteries. The body must be in a biodegradable container and embalming is not permitted.

Start with our funeral planning checklist to organize the decisions and arrangements you need to make.

Supporting Family Members

Different family relationships create unique challenges and legal considerations when someone dies.

When a parent dies, adult children often need to coordinate among siblings and handle complex estate issues. Our guide what to do when a parent dies addresses these specific challenges.

Losing a spouse creates immediate practical concerns about finances, housing, and single parenting. See our resource on what to do when a spouse dies for guidance on these unique challenges.

The death of a child requires especially sensitive handling of legal matters while processing overwhelming grief. Our guide what to do when a child dies provides gentle guidance for this devastating situation.

Frequently Asked Questions

How long do I have to file a death certificate in Delaware?
Delaware requires death certificates to be filed within 5 days of the death. The funeral director typically handles this filing with the Office of Vital Statistics.

Can I handle arrangements myself without a funeral home in Delaware?
Delaware requires that only licensed funeral directors handle body transportation and preparation. However, you can choose a funeral home that provides minimal services if you want to handle other arrangements yourself.

How much does a death certificate cost in Delaware?
Delaware charges $25 for the first certified copy of a death certificate and $10 for each additional copy ordered at the same time. You can order copies through the Office of Vital Statistics.

What happens if someone dies without a will in Delaware?
Delaware’s intestacy laws determine how the estate is distributed. Generally, assets go to the surviving spouse and children, then to other relatives in a specific order determined by state law.

How long does probate take in Delaware?
Most probate proceedings in Delaware take 6-12 months for straightforward estates. Complex estates or those with disputes may take significantly longer to resolve.

For additional support during this difficult time, consider our complete guide on what to do when someone dies and our helpful step-by-step checklist.

This information is for educational purposes only and does not constitute legal, medical, or financial advice. Always consult qualified professionals for guidance specific to your situation.