Last updated 2026-08-19
TL;DR
Delaware does not license conservators as a job. You get authority when the Court of Chancery appoints you, usually as guardian of the property. Chapter 39A also uses the word conservator. File in the county where the adult lives, post any bond the court sets, then run the inventory and accountings. A business license is a separate question if you charge the public. Confirm fees with the Register in Chancery.
Do you need a license to be a conservator in Delaware?
No. Delaware does not issue a conservator occupational license. You get authority only when the Court of Chancery appoints you, usually as guardian of the property of a named adult. Letters of guardianship are the paper banks accept. There is no Division of Professional Regulation conservator card.
People type conservator delaware into a search bar and land on national blogs that talk like every state runs a fiduciary board. California does. Delaware does not. If a vendor sells a Delaware conservator license class, keep your money.
The real hook is Title 12, Chapter 39. The Court of Chancery appoints guardians of the person, the property, or both for disabled persons and minors. Bond and tenure sit in that same appointment subchapter. [1] Chapter 39A then uses the uniform word. It says a conservator is "a person appointed by the court to administer the property of an adult, including a person appointed under this title." [2]
Delaware does not issue a conservator occupational license. The Court of Chancery makes the appointment under Title 12.
If you later charge the public, that is a business tax question, not a missing exam. Ask the Division of Revenue whether your occupancy needs a state business license before you print invoices. [7] I would not form an entity on day one. Sit through one real appointment first. Then decide if the work is even a practice.
Which court handles conservator cases in Delaware?
The Court of Chancery handles adult conservator and guardianship petitions in Delaware. You file with the Register in Chancery in the county where the adult lives. That is New Castle, Kent, or Sussex. Family Court is the wrong window for an adult property appointment.
Delaware has one Court of Chancery. Title 10, Chapter 3 sets the court up. [3] You still pick a county office. New Castle files run through Wilmington. Kent files run through Dover. Sussex files run through Georgetown. File in the wrong county and you waste a filing fee and a month. The adult's residence controls, not your kitchen table and not your LLC address.
Practice follows the Court of Chancery Rules. Read the current rules PDF before you file. [4] Masters in Chancery hear a lot of these petitions. A Vice Chancellor can hear them too. You do not pick the judicial officer.
If you already hold an out of state conservatorship and the person moved here, that is a Chapter 39A transfer or registration problem. It is not a hobby license. Read 39A before you photocopy a Maryland order and hope. [2] Chancery is a formal equity court. Complete exhibits help. Thin petitions bounce.
What is a conservator versus a guardian in Delaware?
In Delaware practice the property role is usually called guardian of the property. Chapter 39A uses conservator for that same job: a person appointed to administer an adult's property. Guardian of the person is the health and personal care role. One order can grant one role or both. [2]
Chapter 39A defines a conservator as a person appointed by the court to administer the property of an adult.
Do not mix this up with a power of attorney. A POA is private paper. A conservator is a court officer. The order can limit or wipe out a prior POA when the adult can no longer manage the estate. That is often the reason someone is in Chancery in the first place.
If the only problem is medical decisions, you may not need a property appointment. Ask whether a limited guardianship of the person solves it. I still see petitions that ask for every power because a template said so. Don't do that. Courts are supposed to keep the intrusion tight.
Minors use a different paper set under the same chapter. This article is about adults. Chapter 39A treats an adult as a person who has reached 18 years of age. [2] If you are comparing vocabulary across states, start with the local statute, not a national glossary. California's labeled license path is a different machine. See how to start conservator in California only as contrast, then come back to Title 12.
How do you file to become a conservator in Delaware?
You start with a petition in the Court of Chancery in the adult's home county, using the current Chancery guardianship forms. You give notice. You file medical evidence. You attend a hearing. If the court appoints you, you pick up the order, post any bond, and obtain letters. Confirm the live packet on the Delaware Courts forms list the week you file. [4]
I am not going to invent form numbers. They change. National websites recycle stale packets. Use Delaware's current set.
The petition has to identify the adult, the property picture you actually know, the proposed fiduciary, and why the adult cannot manage that property. Next of kin get notice. Expect a physician level affidavit or report. A stale clinic note from two years ago is how you get continued.
Bring a proposed order. After appointment the bank will not read your petition. It will read letters. Some banks also want a certified copy and a photo ID. Plan a second trip.
If this is your first time, hire a Delaware lawyer who actually practices in Chancery. Not a traveling document helper. Clerks will not draft the petition for you. If you are building a paid practice and filing for strangers, you cannot draft those petitions unless you are admitted in Delaware. Fiduciary work is not a back door into law practice.
Out of state forms stall clean cases. An Alabama packet will not save you. If you like comparing court path states, read how to start conservator in Alabama on its own terms, then file Delaware paper in Delaware.
How much does conservator cost in Delaware?
There is no conservator license fee in Delaware. Budget the Chancery filing fee (confirm with the Register), medical evidence, service costs, a surety bond premium, and usually a lawyer. Those lawyer fees are often the largest check. I will not invent a current filing amount. Fee schedules move. Call the Register in Chancery in the county you will use and ask for today's number.
An uncontested family petition still is not free if you use counsel, and most people should. Get the estimate in writing. A fight among siblings can multiply that number. Nobody has a good public dataset on median counsel spend for New Castle versus Sussex adult petitions. Treat online average cost graphics as marketing.
Bond premium tracks the penal sum the court sets, which tracks the estate. Cash and brokerage accounts drive the number more than a house you are not selling this year. Ask two surety producers for quotes after you know the draft bond amount. A clean personal credit file helps. A thin file costs more.
If you build a paid practice, add entity cost. A Delaware LLC pays a $300 annual tax under 6 Del. C. § 18-1107. [6] Formation fees sit on the Division of Corporations schedule, not in this article. Confirm them there. [14] Then ask Division of Revenue whether your occupancy owes a state business license and gross receipts tax. [7] Forming the LLC before you have a single appointment is, in my view, a waste of $300 a year.
Compensation you later take from the protected person's money is not your private rate card. It is court supervised. Petition for it. Keep time records a Master can read. The National Guardianship Association standards push documented, reasonable fees. Follow that even if you never join. [13]
| Cost piece | What you actually pay | Where to confirm |
|---|---|---|
| Occupational conservator license | None | Title 12, Chapter 39 [1] |
| Chancery filing and copies | Current Register schedule | County Register in Chancery |
| Surety bond premium | A percentage of the penal sum | Surety producer plus the order |
| Counsel | Often the largest check | Written engagement letter |
| LLC annual tax if you form one | $300 | 6 Del. C. § 18-1107 [6] |
How long does conservator take in Delaware?
It takes as long as notice, medical evidence, and the county calendar take. No published statewide deadline guarantees letters in a set number of days. A clean family petition can reach a hearing in weeks. A fight can take much longer. Confirm the next available hearing with the Register. Nobody should promise you an appointment date.
I have no public dataset measuring median days from petition to letters in New Castle versus Kent versus Sussex. If a website prints approved in 14 days, they made it up. Missing heirs, a thin medical affidavit, or a sibling who wants the house will stretch the file.
After letters, the first year clock is stricter because your order and Chapter 39 set inventory and accounting dates. Miss those and you have a real problem. Read the order the afternoon you get it. [5] Calendar the earlier of the statutory date and the date in the order.
Interstate transfers under Chapter 39A add another layer. Do not assume a Pennsylvania conservatorship just works the week the person moves to Rehoboth. [2] Register or transfer first. Then call the Delaware bank.
Do you need a lawyer to start a conservatorship in Delaware?
The statute does not say a petitioner must hire counsel. Family members try this on their own. I still would not, unless the estate is tiny, every relative is friendly, and you already know how an equity court wants a proposed order to look.
Chancery practice is picky about notice. A rejected packet costs more time than a lawyer would have. If a bank, brokerage, or family business sits in the estate, hire someone who files in that county.
If you want to become a paid professional who files petitions for strangers, you cannot draft those petitions unless you are a Delaware barred attorney. Taking an appointment is fiduciary work. Selling petition drafting is law practice.
Entities generally appear in Delaware courts through counsel. Plan for that if you want the company, not you personally, to take the job. Ask whether the court will even appoint an entity. Many orders name a human. That is the cleaner path for appointment one.
What bond and inventory does Delaware require?
The court sets a bond for a guardian of the property. Title 12, Chapter 39 treats bond as part of appointment and tenure. [1] Waivers happen, more often for a close family member and a simple estate. Do not assume you will get one. Bond is not optional unless the order says it is.
Buy the bond from a surety the Register will accept. File the original. Keep a copy with the letters. If the estate grows, the court can raise the penal sum. Ignore that and you are personally exposed.
Inventory and later accountings sit in Chapter 39. [5] Your order may spell out the dates. I will not quote a fake always 30 days rule. Read the accounting sections and the order together. Calendar the earlier date.
Open a fiduciary account. Collect assets. Keep receipts. Do not pay your own rent from the person's checking account. That sounds obvious. It is how people get surcharged.
Banks will ask for letters, a photo ID, and often an EIN. The IRS says to "Use Form 56 to notify the IRS of the creation or termination of a fiduciary relationship." [9] Get the EIN from the IRS online process if the bank will not title the account on the person's Social Security number. [10]
If you want a paper checklist for bond logs and account formatting, ConservatorPath publishes a $199 one-time Bond + Accounting Kit. It does not file for you and it is not legal advice.
Powers after appointment are not a blank check. Chapter 39's duties language governs how you invest, spend, and report. [5] When in doubt, petition before you sell real property.
Can you run a conservator practice as a Delaware business?
Yes, as a business. No, as a licensed profession. Those are different sentences.
You can accept court appointments, keep files, carry insurance, and invoice only what the court allows. If you operate under an LLC, form it with the Delaware Division of Corporations and budget the $300 annual tax. [6] [14] A Delaware LLC pays a $300 annual tax under 6 Del. C. § 18-1107. Ask Division of Revenue whether your occupancy needs a state business license and gross receipts filings before you send a first invoice. [7]
I would not rent office space until you have repeat appointments. Early files fit in a locked cabinet and a separate checking account. Insurance is worth a real quote from someone who understands fiduciaries. I cannot honestly print a premium here.
Do not advertise licensed Delaware conservator. You are not licensed. You can say you accept court appointments as guardian of the property. Keep the website boring and accurate.
If you also want work in a license board state, read conservator license in California before you print cards for two jurisdictions. The conservator license in Alabama path is another court driven comparison, not a reason to skip Title 12.
What happens in the first year after appointment?
You collect assets. You file the inventory. You pay the person's real bills. You keep the person's money off your kitchen table. You file the accounting the order demands. You renew the bond. You appear if the court sets a review. That is the job.
Visit the person if you also hold person powers. If you only hold property powers, you still cannot ignore an obvious safety problem. Call the right agency. Write down what you did.
Compensation: petition, don't skim. Family members sometimes serve without a fee. Professionals should keep time in increments a Master can read. Chapter 39 is the rulebook for duties and accountings after letters issue. [5]
If Social Security is the main income, the Chancery order does not automatically make you the representative payee. SSA runs its own process. [11] VA benefits have a separate fiduciary program. [12] Track SSA money the way SSA wants. Track the titled assets the way Chancery wants. Do not commingle.
Miss an accounting and you can be removed, surcharged, or both. The court has a long memory on sloppy fiduciaries. Read the order twice. Then read it again the week before the accounting is due.
What if the person only needs help with Social Security or VA money?
Then a full conservatorship may be a waste of money. SSA can appoint a representative payee without Chancery. SSA's guide covers managing those monthly benefits when the person cannot manage them. [11] VA has its own fiduciary program for VA money. [12]
A payeeship does not let you sell the house or close a brokerage account. If the person holds real title or mixed assets, you are back in Chancery.
I would try the federal payee or fiduciary route first when the estate is a monthly check and a rented room. Save the petition for titled assets, contract authority, or a fight that a payee cannot solve.
Do both when you must. Two sets of rules. Two sets of reports. That is annoying. It is still cheaper than overfiling a property guardianship you did not need.
Who can the Court of Chancery appoint as conservator?
A suitable adult. Usually a spouse, adult child, or other relative. Sometimes a friend. Sometimes a professional. Sometimes the Office of the Public Guardian when nobody else fit or willing will do it. The court has wide discretion under Chapter 39. [1]
There is no published exam score. The court looks at conflicts. You cannot casually take the job if you are already suing the person. It also looks at whether you will actually file the accountings. Competence is practical here. It is not a diploma wall.
Out of state petitioners: possible, harder. You will need to show you can appear, bond, and manage Delaware assets. A resident co fiduciary is sometimes the practical answer. Chapter 39A is the interstate statute if the case already exists somewhere else. [2]
A criminal record is not something to hide. Disclose what the petition asks. Expect the court to care. Lying on the petition is how you lose the appointment.
If no private person will serve, look at the Office of the Public Guardian, not a national we will be guardian from another time zone service. Local paper wins.
How is Delaware different from states with a conservator license?
Delaware is a court appointment state. California style professional fiduciary licensing is a different machine. If you learned that path, reset. Read how to start conservator in California, then come back to Title 12 and stay there.
Other states sit in between. Some run certification lists. Some run county panels. Delaware has Chancery, a bond, and accountings. That is good news if you are a capable family member. No 30 hour prelicense class blocks you. It is bad news if you wanted a portable credential for a website. You will not get one here.
For other court path states, the texture is similar even when the court name changes. Compare how to start conservator in Arizona, how to start conservator in Colorado, how to start conservator in Alaska, and how to start conservator in Arkansas. Read each local statute anyway. Do not file a Delaware petition on another state's form.
If you want a filing checklist after you have read the statute, you can start at /start. ConservatorPath is an independent publisher, not a law firm and not a service company.
Frequently asked questions
Do you need a license for conservator in Delaware?
No. Delaware has no occupational conservator license. Authority comes from a Court of Chancery appointment, usually as guardian of the property, plus letters the bank will accept. Chapter 39A also uses the word conservator for that property role. Confirm you are not mixing this up with a Division of Revenue business license if you charge fees.
How much does conservator cost in Delaware?
There is no license fee. Budget the Register in Chancery filing fee (confirm the current number), medical evidence, service, a surety bond premium, and usually counsel. Lawyer fees are often the largest check. If you form a Delaware LLC, budget the $300 annual tax under 6 Del. C. § 18-1107 plus any business license the Division of Revenue requires.
How long does conservator take in Delaware?
There is no statewide clock that guarantees letters. A clean, uncontested petition can reach a hearing in weeks if notice and medical evidence are complete. Relatives who fight, missing heirs, or a thin affidavit add time. After appointment, the inventory and accounting dates in your order are the dates that matter. Confirm hearing availability with the Register.
Can a family member serve as conservator in Delaware?
Yes. Most appointees are spouses, adult children, or other relatives. The Court of Chancery looks for a suitable person who will bond and account, not for a license number. Conflicts of interest matter. If you already have a money fight with the adult, say so and expect the court to hesitate.
Is a Delaware conservator the same as a power of attorney?
No. A power of attorney is private. A conservator, called guardian of the property in everyday Delaware practice, is appointed by the Court of Chancery and reports to the court. The order can limit or replace a prior POA when the adult can no longer manage property. Banks treat letters differently from a POA packet.
Which county do I file the petition in?
File with the Register in Chancery in the county where the adult lives. New Castle filings go through Wilmington. Kent filings go through Dover. Sussex filings go through Georgetown. Your own residence does not pick the county. Filing in the wrong office wastes the fee and the calendar slot.
Does Delaware have a public guardian?
Yes. When no suitable private person will serve, the Office of the Public Guardian can be the last stop. That office is not your competitor on day one and it is not a private staffing agency. Family and other private nominees are still the usual path under Chapter 39. Ask the court or DHSS how referrals work in the current year.
Do I need a business license to charge conservator fees?
Maybe. Charging the public is a Division of Revenue question, not a conservator license. Title 30 still taxes many occupations through a state business license and gross receipts rules. Confirm your occupancy before you invoice. Court approved compensation from an estate does not replace that analysis if you are running a practice.
Can I serve if I live in another state?
Sometimes. The court can appoint a nonresident who can appear, bond, and actually manage Delaware assets. It is harder than appointing a local relative. A resident co fiduciary is often the practical fix. If the case already exists in another state, read Chapter 39A on transfer and registration before you start over.
What is the first paper I file after I am appointed?
After letters, the first court paper is usually the inventory, on the date in your order and Chapter 39. Buy and file the bond unless the court waived it. Open the fiduciary account before you move money. File IRS Form 56 when a fiduciary relationship exists, and get an EIN if the bank requires one.
Does a Chancery order make me the Social Security payee?
No. SSA runs a separate representative payee process. A VA fiduciary appointment is also separate. You may need the court order and the federal appointment if the person has mixed assets plus a monthly benefit. Do not commingle SSA funds with brokerage or sale proceeds you hold under letters.
Can I call myself a licensed conservator in Delaware?
No. That phrase is misleading here. You can say the Court of Chancery appointed you guardian of the property, or that you accept those appointments. Advertising a Delaware conservator license invites complaints and confuses banks. Keep the website accurate. National credential logos do not replace letters.
What if relatives disagree about who should serve?
The court decides. File a complete petition anyway, serve everyone entitled to notice, and expect a real hearing. Do not freeze accounts on a private agreement while the petition sits. Contested files take longer and cost more in counsel. Bring facts about who already handles the bills, not speeches about who loves the person more.
Sources
- Delaware Code, Title 12, Chapter 39, Subchapter I: The Court of Chancery appoints guardians of the person and property and treats bond and tenure as part of that appointment.
- Delaware Code, Title 12, Chapter 39A (UAGPPJA): Chapter 39A defines a conservator as a person appointed by the court to administer the property of an adult and treats an adult as a person 18 or older.
- Delaware Code, Title 10, Chapter 3, Court of Chancery: The Court of Chancery is the Delaware court of equity that hears these appointments.
- Delaware Court of Chancery Rules (PDF): Chancery practice, including how petitions are presented, follows the current Court of Chancery Rules.
- Delaware Code, Title 12, Chapter 39: Chapter 39 is the guardianship statute that also governs duties, inventories, and accountings after appointment.
- Delaware Code, Title 6, Chapter 18, Subchapter XI: A Delaware LLC pays a $300 annual tax under 6 Del. C. § 18-1107.
- Delaware Code, Title 30, Chapter 23: Title 30 lists occupations and business activities that require a state license and related tax filings.
- IRS, About Form 56: Form 56 is used to notify the IRS of the creation or termination of a fiduciary relationship.
- IRS, Apply for an Employer Identification Number (EIN) Online: Fiduciaries can apply online for an EIN when a bank or tax filing needs a number for the guardianship estate.
- Social Security Administration, A Guide for Representative Payees (Pub. 05-10076): SSA appoints representative payees in a federal process that is separate from a state court conservatorship.
- U.S. Department of Veterans Affairs, Fiduciary Program: VA benefits are managed through VA's fiduciary program, not automatically through a Chancery order.
- Delaware Division of Corporations, How to Form a New Business Entity: Delaware LLCs are formed through the Division of Corporations; confirm current formation steps and fees on that page.