Wilmington, DE Consumer Law

Tools and Resources for Wilmington, DE Consumers

Delaware Inheritance Law & Probate Procedure

• Delaware PROBATE COURT FINDER:
  
  • Probate Court for New Castle County: Key information about your local probate court (Chancery Court in Delaware) for New Castle County.
• How Probate Works in Delaware: How to handle the probate of an inheritance at New Castle County's probate court.
  • Here are links to Delaware probate forms from the Delaware probate court website.
• Small Estates Procedures in Delaware: Learn how to use Delaware's Small Estate procedures that can save you time and money.

  • In Delaware, there's no summary probate process available.  You can use an Affidavit for estates with assets less than $30,000 and no Delaware real estate that was owned solely by the decedent.

• Delaware Estate Taxes:

  • Delaware, like most states, does not impose an estate or inheritance tax. Only a few states do.

• Avoiding Probate in Delaware. Find out what property bypasses probate death and goes directly to beneficiaries. such as:
  • Transfer on Death Deeds (TODDs)

---

Delaware Wage & Hour Law

• Delaware Minimum Wage:  

  • The minimum wage in Delaware is $13.25 an hour. Because this is higher than the federal minimum wage of $7.25, employees in Delaware must be paid at least $13.25 an hour. 

    New Castle County Minimum Wage

    The minimum wage in New Castle County is $13.25, the state minimum wage. 

  • Visit https://labor.delaware.gov/divisions/industrial-affairs/labor-law/minimum-wage/ to learn more about Delaware’s minimum wage.

• Overtime Pay: Every state has rules about weekly maximum hours and overtime. Learn about the overtime laws in Delaware and whether they apply to you.

  • Delaware has adopted the federal Fair Labor Standards Act (FLSA) overtime rate of 1-1/2 times your regular wage for every hour you work over 40 hours in a given workweek.

• Wage Claims: If you're being unlawfully underpaid, you need to learn how to file a "Wage Claim" in Delaware. 

  • Find the form and instructions to file a wage claim in Delaware at the Delaware Department of Labor website.

• Tips : Every state has special pay rates for tipped workers. Find out the rules for tipped workers in Delaware.

  • In Delaware, your employer may pay you a minimum wage of $2.23 an hour, as long as you earn enough in tips to bring your total hourly pay up to the full minimum wage, $13.25 an hour. If you don’t earn enough in tips to bring your compensation to the full minimum wage, your employer must make up the difference.

• State Labor Board:
  • Learn more about your rights under Delaware law from the Delaware Department of Labor. Wilmington: 302-761-8200; Dover: 302-422-1134

---

Delaware Unemployment Benefits

• Benefit Amounts in Delaware: Learn how unemployment works, how much you'll get, and for how long.
  • In Delaware, unemployment benefits range from $20 per week to $400 per week.
  • Formula:

    Your weekly benefit amount in Delaware will be 1/46th of the total amount you earned in the two highest paid quarters of the base period. 

  • Duration:

    In Delaware, you can receive unemployment benefits for a maximum of 26 weeks under state law. 

• Eligibility: >Whether you qualify for unemployment.
• How to Apply: How to apply for unemployment in Delaware.
• Unemployment Office Near Me? How to find your local unemployment office.

---

Bankruptcy & Debt

• Free Delaware MEANS TEST CALCULATOR for New Castle County (applies the state and county income and expense standards into your means test calculation. Updated with the latest median income and expense standards for April 1, 2024)
• Free Delaware BANKRUPTCY EXEMPTION FINDER: Search detailed listings of bankruptcy exemptions under Delaware law and Federal law, for use in filing out Schedule C, when you file for bankruptcy. 
• Delaware BANKRUPTCY COURT ESSENTIAL INFO: Get information about using your local bankruptcy court.
• FREE BANKRUPTCY FORMS:
  We'll tell you which bankruptcy forms you need and where to find them.

---

Child Custody & Family Courts in Delaware 

• State Standards For Custody Decisions: How Delaware Courts make child custody decisions
• Family Court for New Castle County: New Castle County Family Court information, including maps, forms and links.
• Enforcement of Custody Orders: Can you enlist local police to help enforce a custody court order?
• Child Custody Lawyers: To help you handle your child custody matters.

---

Delaware Obamacare

• Sign Up: We have the latest on how to sign up for Obamacare Insurance in Delaware!
• Is Health Insurance Mandatory in Delaware? Learn about whether Delaware imposes tax penalties for not having health insurance.
• Special Enrollment Periods: How to enroll because of a "special enrollment period."
• Rates & Providers in Your County: Information and rates for providers for New Castle County if you live in a state served by Healthcare.gov.

---

Democracy In Delaware, New Castle County, Wilmington 

• Elected Representatives: Find out the websites and phone numbers of those representing you at the Federal, State, County, and City levels of government.
• How to Vote: Learn how to register and where and when to vote in Wilmington, DE.
• Gerrymandering in Delaware: Has your state been gerrymandered? Find out how to end gerrymandering and have voters pick politicians, not vice versa.
• Tracking Issues: Organizations that track legislation you care about 

---

Find a Lawyer in Wilmington, DE

• Our Lawyers by Zipcode section allows users to find a local lawyer using the best online resources, including on topics we don't cover.
• DUI, Criminal Defense
• Auto Accidents & Personal Injury
• Immigration

---