Death & Survivor Benefits
Delaware Veterans Memorial Cemeteries
Free burial for an eligible veteran at the state veterans cemeteries in Bear and Millsboro, with a fee for family members. Eligibility follows the national cemeteries plus three Delaware additions: honorably retired Guard and reserve members, World War II Merchant Mariners, and no residency rule for 20-year Delaware Guard members. The agency then adds a residency rule of its own.
Also called: 20 Del. C. 1204, veterans cemetery, Bear, Millsboro, Chesapeake City Road, Merchant Marine, NCA Directive 3210, residency requirement, Kent County cemetery, HCR 118.
For: Veteran or service member, spouse, child, survivor.
Where it applies
Written for the jurisdictions listed here.
- DelawareState
Thresholds
| Gate | Rule |
|---|---|
| National cemetery eligibility, widened three ways | 20 Del. C. § 1204(a): honorably retired Guard or reserve, WWII Merchant Mariners with two years between December 7, 1941 and August 15, 1945, and no residency rule for 20-year Delaware Guard or reserve members. |
| A Delaware residency rule set by the agency, not the statute | Office of Veterans Services: resident at death, or three cumulative years, or at entry into service. 20 Del. C. § 1204(a)(1) permits it and exempts 20-year Delaware Guard members. |
Sources
Legislation
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85 Del. Laws c. 137 (HS 1 for HB 1 with HA 1) Created a cabinet-level Department of Veterans Affairs, kept inside the Department of State until a transition plan is approved
- Introduced Done, , step 1 of 6
- In committee Done, , step 2 of 6
- Passed one chamber Done, , step 3 of 6
- Passed both chambers Done, , step 4 of 6
- Signed by the governor Done, , step 5 of 6
- In effect Done, , step 6 of 6
Enacted 29 Del. C. §§ 8801-8804 and moved the Commission of Veterans Affairs to §§ 8811-8816. The Department runs the veterans cemeteries, the Veterans Trust Fund and the discharge paper repository, but under § 8801(c) remains a division of the Department of State until the General Assembly approves a transition report, with separation targeted by July 1, 2030. The act also moved recorded discharge documents from the county recorders to the Department (9 Del. C. § 9605(j)) and renamed references throughout the Code. Approved August 13, 2025.
Touches 29 Del. C. § 8801 · 29 Del. C. § 8804 · 29 Del. C. § 8811 · 9 Del. C. § 9605 · 30 Del. C. § 1197 · 20 Del. C. § 1202
Also touches
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Disclaimer
VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.