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The First State — one of the lightest bonding regimes in the country

Delaware Surety BondsThe Four That Matter — and the Ones That Do Not Exist

Delaware requires fewer surety bonds than almost any state, but the ones it does require are specific and strictly enforced. The four you are most likely to meet are the $25,000 motor vehicle dealer bond (21 Del. C. § 6302, filed with the Delaware DMV), the non-resident contractor bond equal to 6% of any contract of $20,000 or more (30 Del. C. § 375, Delaware Division of Revenue), the federal $75,000 BMC-84 freight broker bond, and court-set probate bonds ordered by the Register of Wills. The surety carriers and producers behind every one are regulated by the Delaware Department of Insurance. Premiums typically run 1–3% of the bond amount for solid credit. Just as important: Delaware does not require notary bonds or vehicle bonded titles at all.

$25K
Auto Dealer
6%
Non-Resident GC
$75K
Freight (Federal)
$0
Notary Bond
Same-Day Turnaround
All 3 Counties + Wilmington
DMV & Division of Revenue Forms

Get Your Delaware Bond

Auto dealer, non-resident contractor, freight, probate, and municipal bonds

What Delaware Requires — and What It Does Not

Delaware's business-friendly statutes mean several bonds that are mandatory elsewhere simply do not exist here. Knowing which side of the line your obligation falls on saves you from buying a bond the state will not accept. Here is the honest split, each item tied to the operative statute.

Bonds Delaware Requires

Bonds Delaware Does Not Require

  • Notary bond — none. 29 Del. C. Ch. 43 has no bonding provision. E&O insurance is optional, not required.
  • Vehicle bonded title — none. Delaware has no bonded-title program; the DMV uses duplicate titles (21 Del. C. § 2309) or JP Court replevin instead.
  • Statewide general contractor license bond — none. Delaware has no statewide GC licensing board; resident contractors need a Division of Revenue business license, not a surety bond.
  • Default probate bond — waived. Under 12 Del. C. § 1522 most personal representatives never post one unless the will or the court requires it.

If a broker is quoting you a Delaware notary bond or bonded title, they are selling a product the state does not accept. See the detailed breakdown below.

Official Delaware Requirements

"A nonresident contractor shall furnish a surety bond in an amount equal to 6% of the contract or subcontract price for any single contract of $20,000 or more, filed with the Division of Revenue before beginning work in this State."
Delaware Division of Revenue (paraphrase of statutory requirement)30 Del. C. § 375

The Bond That Trips Up Out-of-State Contractors

Delaware's most misunderstood bond is not a construction-quality guarantee — it is a tax-security bond. Any contractor based outside Delaware who takes a job of $20,000 or more must post a bond equal to 6% of the contract price with the Division of Revenue before the first day of work. It exists to secure the state's gross receipts and withholding taxes, which is why it scales with the job instead of being a flat license amount. Miss the filing and you have committed a misdemeanor, not just a paperwork slip.

How the 6% rule actually works

Who owes it
Contractors and subcontractors whose principal place of business is outside Delaware. Resident contractors do not post this bond.
The $20,000 trigger
Any single contract of $20,000+, OR aggregate contracts reaching $20,000 within one calendar year. Small one-off jobs below the line are exempt until the total crosses it.
Timing is enforced
File with the Division of Revenue before construction begins. Starting first is a misdemeanor — fines up to $3,000 and/or up to six months imprisonment (30 Del. C. § 375). Any lapse can trigger license issues.
What it secures
State gross receipts and withholding tax on the project — not workmanship. It is released once the tax obligation is satisfied.

Premium, not penal sum: you pay a percentage of the 6% figure, not the whole thing. On the $15,000 bond above, expect roughly $150–$750/year depending on credit. Request a non-resident contractor quote with your contract value.

Wilmington adds a separate municipal bond

The 6% state bond does not replace city requirements. Wilmington licenses contractors by class (Class A/B/C/U, Master HVACR, plumbers) and requires bonds from $10,000 to $200,000 depending on the class. A non-resident contractor working inside city limits can owe both the state Division of Revenue bond and the Wilmington municipal bond on the same project. Other Delaware municipalities may impose their own permit bonds — always confirm with the local building department before bidding. Full class-by-class detail is on our Delaware contractor bond page.

The $25,000 Auto Dealer Bond

Delaware's highest-volume fixed-amount license bond is the motor vehicle dealer bond — a flat $25,000 under 21 Del. C. § 6302, filed with the DMV on Form MV29. It covers new, used, and wholesale dealers, and protects buyers and the state against title fraud, odometer rollback, and unpaid fees or taxes.

  • IdentoGO fingerprinting is part of the license application, alongside the bond.
  • A permanent 24×36-inch sign and an established place of business are required — no home-based or virtual lots.
  • Same-day turnaround is typical for reasonable credit; premium is 1–3% of $25,000.

Probate Bonds: Off by Default in Delaware

Delaware handles estates through the Register of Wills in each of the three counties — New Castle, Kent, and Sussex — each of whom also serves as a Clerk of the Court of Chancery. Unlike states that bond every executor, Delaware starts from the opposite default: no bond unless something specific changes that.

The default: no bond

Under 12 Del. C. § 1522, most personal representatives never post a bond. A will can waive it, and in the ordinary case none is set.

When it flips on

A bond is required when the will demands one, or the Court of Chancery orders it under § 1524 — often at the request of a creditor owed $2,000+ or a concerned heir.

How the amount is set

The Register fixes the amount under § 1523; Chancery can modify it as the estate clarifies. Every bond names the State of Delaware as obligee (§ 1525).

Nonresident executor? You must file an irrevocable power of attorney under 12 Del. C. § 1506 designating the Register for service of process — but nonresident status alone does not create a bond requirement. The two obligations are separate. Full detail, including how the amount is calculated when a bond is ordered, is on our Delaware probate bond page.

Freight Broker Bond: Federal, Not State

A Delaware-registered freight brokerage or forwarder posts the $75,000 BMC-84 bond — but that requirement comes from the Federal Motor Carrier Safety Administration (FMCSA), not Delaware. Because so many companies incorporate in Delaware for its corporate law, this is one of the most common bonds we write for Delaware entities even though it has no Delaware statute behind it.

The $75,000 amount is uniform nationwide and secures shippers and motor carriers against a broker's non-payment. The surety must appear on the U.S. Treasury Circular 570 list. There is no Delaware-specific reduction or add-on.

Delaware Freight Broker Bond (BMC-84)
$75,000
BMC-84 freight broker / forwarder bond — uniform federal amount
Authority
FMCSA (49 USC § 13906)
Carrier
Treasury Circular 570
Typical Premium
$900–$3,750/yr
DE-Specific?
No add-on

Two Bonds Sold for Delaware That the State Does Not Recognize

These are the two most common bonds we get asked for that Delaware simply does not require. Buying them wastes money and, in the title case, can leave you holding an instrument the DMV will reject. Here is what to do instead.

Delaware Notary Bond

Does not exist. 29 Del. C. Chapter 43 — both the Office and Duties subchapter and the Revised Uniform Law on Notarial Acts — contains no bonding requirement. Delaware notaries are commissioned by the Secretary of State and pay a commission fee, not a bond premium. What actually helps is E&O insurance: it is optional, but it protects your own assets from a malpractice claim and is often required by title companies before they assign closings.

The real Delaware notary process

Delaware Vehicle Bonded Title

Does not exist. Delaware has no bonded-title program. When a title is missing, the DMV issues a duplicate title (21 Del. C. § 2309); when a seller will not cooperate, the fix is a JP Court replevin action. The DMV requires an actual certificate of title or manufacturer's certificate of origin to title a vehicle — a bonded title from another state is not on its accepted list.

DMV title options that actually work

What Delaware Bonds Actually Cost

You never pay the full bond amount — you pay a premium, a small percentage of it, once a year. Delaware's fixed-amount bonds price like license bonds anywhere: mostly credit-driven. The two things that change the math here are the contract-scaled non-resident bond and the fact that court and notary obligations often cost little or nothing.

1–3%

Fixed license bonds

The $25,000 auto dealer bond runs about $250–$750/yr on solid credit.

% of 6%

Non-resident contractor

Premium is a percentage of the 6% bond figure — so it scales with your contract value.

0.5–1%

Probate / court bonds

When Chancery orders one, fiduciary bonds are typically well under 1% of the penal sum.

$0

Notary bond

Nothing — Delaware requires no notary bond. Optional E&O is a separate product.

Delaware Bond Reference Table

The Delaware bonds we write most, with the operative statute or authority and the obligee that receives each. Amounts shown as court- or agency-set are correctly so under the governing law.

How to Get Your Delaware Bond

1

Tell Us the Bond and the Numbers Behind It

For the auto dealer bond, that is your license details. For the non-resident contractor bond, it is your contract value (we apply the 6%). For probate, it is the amount the Register or Chancery ordered. Notary applicants need nothing from us — Delaware requires no bond.

The form pre-fills Delaware and asks only what your specific bond needs
2

We Place It With a Delaware-Authorized Surety

Placement goes only to carriers authorized by the Delaware Department of Insurance — and, for the federal freight broker bond, listed on U.S. Treasury Circular 570. Most license bonds are approved the same day.

Delaware Department of Insurance–authorized carriers only
3

File on the Correct Form Before You Start

Auto dealer bonds issue on DMV Form MV29; the non-resident contractor bond files with the Division of Revenue before construction begins; probate bonds file with the Register of Wills. We deliver the exact form the obligee expects.

Non-resident contractors: file BEFORE the first day of work

Not sure whether Delaware even requires your bond?

Tell us the license, contract, or court order behind it and we will tell you straight — including when the answer is “you don't need one.”

Delaware Surety Bond Questions

The 6% non-resident rule, the $25K dealer bond, probate defaults, and the bonds Delaware skips

Which surety bonds does Delaware actually require?
Delaware requires far fewer statutory surety bonds than most states. The four you are most likely to encounter are: the $25,000 motor vehicle dealer bond under 21 Del. C. §6302 (filed with the Delaware DMV on Form MV29); the non-resident contractor bond equal to 6% of the contract price for any project of $20,000 or more under 30 Del. C. §375 (filed with the Delaware Division of Revenue); the federal $75,000 BMC-84 freight broker bond required by the FMCSA of any brokerage regardless of state; and probate bonds, which the Register of Wills sets only when a will requires one or the Court of Chancery orders it. Municipal bonds — most notably Wilmington contractor bonds from $10,000 to $200,000 — are separate and layered on top.
Why does Delaware charge non-resident contractors a 6% bond?
Under 30 Del. C. §375, a contractor whose principal place of business is outside Delaware must file a surety bond equal to 6% of the contract or subcontract price for any single contract of $20,000 or more — or when aggregate contracts in one calendar year reach $20,000. The bond is filed with the Delaware Division of Revenue and secures the state against unpaid gross receipts and withholding taxes, not construction defects. It must be filed BEFORE work begins; starting work without it is a misdemeanor carrying fines up to $3,000 and up to six months imprisonment. This is a tax-security bond, which is why it scales with contract value rather than being a flat license amount like most states use.
Does Delaware require a notary bond?
No. Delaware is one of a small number of states with no notary surety bond requirement anywhere in its notary statute (29 Del. C. Chapter 43). Notaries are commissioned by the Secretary of State, and neither Subchapter I (Office and Duties) nor Subchapter II (Revised Uniform Law on Notarial Acts) contains a bonding provision. Any website selling you a "Delaware notary bond" is marketing a product the state does not require. Errors-and-omissions (E&O) insurance is optional but genuinely useful — it protects your own assets from a malpractice claim, and title companies often require it before assigning closings. See our Delaware notary guide for the real commission process and fees.
Can I get a bonded title for a vehicle in Delaware?
No — Delaware does not operate a bonded-title program. Unlike states where a surety bond substitutes for a missing title, the Delaware DMV resolves title problems through a duplicate title for a lost original (21 Del. C. §2309), a JP Court replevin action when a seller will not cooperate, or its standard out-of-state transfer procedures, which require an actual certificate of title or manufacturer’s certificate of origin. A bonded title issued by another state is not on the DMV’s accepted document list for titling a vehicle in Delaware. If a broker offers you a "Delaware vehicle title bond," the underlying program does not exist here.
How much does a Delaware surety bond cost?
Premium is a small percentage of the bond amount, not the full penal sum. For fixed-amount license bonds like the $25,000 auto dealer bond, applicants with solid credit typically pay 1–3% annually — roughly $250 to $750 for that bond. For the non-resident contractor bond, premium is a percentage of the 6% bond figure, so a $200,000 contract producing a $12,000 bond runs about $120–$600 depending on credit. Court and probate bonds are usually 0.5–1% of the bond amount. Applicants with weaker credit pay 4–10%, and larger contract or fiduciary bonds may require financial statements. Notary bonds cost nothing in Delaware because none is required.
Does a Delaware personal representative always have to post a probate bond?
No. Under 12 Del. C. §1522, most personal representatives never post a bond by default. A bond is required only when the will affirmatively demands one, or when the Court of Chancery orders one under §1524 — often at the request of a creditor owed $2,000 or more or an interested heir. When a bond is required, the Register of Wills (who serves as Clerk of the Court of Chancery in all three counties) fixes the amount under §1523, and §1525 requires every probate bond to name the State of Delaware as obligee. A nonresident executor must also file an irrevocable power of attorney under §1506, but nonresident status alone does not create a bond requirement.
What bond do auto dealers need in Delaware?
A $25,000 motor vehicle dealer bond under 21 Del. C. §6302, filed with the Delaware Division of Motor Vehicles on Form MV29. It applies to new, used, and wholesale dealers. Delaware also pairs licensing with IdentoGO fingerprinting and a physical location requirement, including a 24-by-36-inch permanent sign at the dealership. The bond protects consumers and the state against title fraud, odometer violations, and failure to remit fees or taxes. Approval is typically same-day for applicants with reasonable credit, and premium runs 1–3% of the $25,000 amount.
Who regulates the surety companies behind Delaware bonds?
The Delaware Department of Insurance licenses and regulates the surety carriers and producers that write bonds in the state. A bond is only valid if issued by a surety authorized to transact business in Delaware, and for any federal or federally connected obligation, the surety must also appear on the U.S. Treasury’s Circular 570 list. We place Delaware bonds only through carriers that meet both tests, and our producers are licensed to transact surety in the state.

Official Delaware Resources

Primary state and federal sources for the bonds on this page

Delaware Division of Revenue

Non-resident contractor 6% bond filing (30 Del. C. §375), gross receipts and withholding tax security

Delaware Division of Motor Vehicles

Motor vehicle dealer $25,000 bond (21 Del. C. §6302), Form MV29, duplicate title process (§2309)

Delaware Department of Insurance

Regulator of the surety carriers and producers authorized to write bonds in Delaware

Delaware Court of Chancery / Register of Wills

Probate and fiduciary bonds (12 Del. C. §§1522–1525), when a bond is ordered and how the amount is set

FMCSA Broker Authority

Federal $75,000 BMC-84 freight broker bond requirement (49 USC §13906)

U.S. Treasury Circular 570

Federal listing of Treasury-certified sureties authorized for federal and federally connected bonds

Methodology: Bond amounts, statute citations, and agency assignments on this page were checked against the Delaware Code (Titles 12, 21, 29, and 30) and the issuing agencies' official pages. Items shown as “court-set,” “not required,” or “by class” are correctly so under the governing statute. BuySuretyBonds.com is operated by Mainline Holdings LLC; our producers are licensed to transact surety and we place Delaware bonds only through carriers authorized by the Delaware Department of Insurance.

Eric Drummond, Licensed Surety Producer
Reviewed by
Eric Drummond, Licensed Surety Producer

All content is researched from official state and federal sources (.gov) and verified before publication. BuySuretyBonds.com works with Treasury-certified, A-minimum rated surety carriers serving all 50 states.

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Get Your Delaware Surety Bond

From the $25,000 auto dealer bond to the 6% non-resident contractor bond — we write only the bonds Delaware actually requires, on the exact form your obligee expects.