Probate in New Castle County

Probate Court Record

New Castle County Register of Wills

New Castle County

Hours

Monday-Thursday 8:00 AM-noon and 1:00 PM-3:30 PM; Friday 8:00 AM-noon and 1:00 PM-3:00 PM

Office

800 North French Street, 2nd Floor, Wilmington, DE 19801

Filing in person

Appointment required

Self-represented filing

Allowed

Self-help forms

How to file probate in New Castle County →

Verified October 15, 2026 · Source

Do I need a lawyer for probate in New Castle County? →Settling an estate in New Castle County →

Asset Protection Firms Serving New Castle County

Serves Sussex, Kent and New Castle counties from Rehoboth Beach. Guides families through probate, trust settlement and asset distribution after a death, and petitions for court-appointed guardianships of adults and minors. Founded in February 2024 by Rebecca N. Doyle, named a Delaware Today Top Lawyer five consecutive years; consultations are free.

Since 2024Serves the whole stateFree consultationEstate PlanningTrust AdministrationProbateGuardianshipSpecial Needs PlanningAsset Protection

Serves Sussex County from Ocean View, near Bethany Beach, with a second office in Annapolis, Maryland, and sees clients from throughout Delaware. Guides personal representatives through estate administration with the Register of Wills, from inventory and creditor claims to final accounting, alongside Medicaid, special needs trust and estate planning. Founded in 1993 by attorney John F. Robbert.

Solo PracticeSince 1993Serves the whole stateFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateTax PlanningSpecial Needs Planning+2

Serves Kent and Sussex counties from offices in Camden and Lewes, and clients throughout Delaware. Guides executors through probate and estate administration and closing, handles will contests, and files guardianships for adults and minors alongside Medicaid and long-term care planning. Bonnie M. Benson has practiced since 1983, and the firm prices its services on a flat-rate basis.

Serves the whole stateEstate PlanningProbateProbate LitigationElder LawGuardianship+3

Serves Kent County and clients throughout Delaware from an office on The Green in Dover. Handles probate administration and estate litigation, guardianships and conservatorships, estate tax filing, and elder law planning for long-term care and Medicaid. Founded in 2010 by Mitchell W. May and Adam M. Perza, the firm also practices family, real estate and small business law.

Since 2010Serves the whole stateEstate PlanningProbateProbate LitigationElder LawTax Planning+6

Serves families statewide in Delaware from offices in Lewes and Seaford, with virtual consultations available statewide. Handles estate and trust administration and advises trustees through the trust administration process, alongside Medicaid planning and supplemental needs trusts. Focuses exclusively on legal matters affecting older and disabled individuals.

Since 2005Serves the whole stateVirtual consultationsEstate PlanningTrust AdministrationProbateElder LawSpecial Needs Planning+2

Serves clients throughout Delaware from Georgetown. Its attorneys and estate administrators open estates, handle court filings and distributions for personal representatives, guide trustees through trust administration, and petition the Court of Chancery for guardianships, alongside Medicaid planning and Miller trusts. Phone and video consultations are offered.

Serves the whole stateVirtual consultationsEstate PlanningTrust AdministrationProbateElder LawTax Planning+3

All 24 Delaware asset protection firms serving New Castle County →

Forms for Planning Your Estate in Delaware

Free forms for planning your estate in Delaware: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Delaware.

$12/month

Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

Get Started
Free

Pour-Over Will

In Delaware, a pour-over will is signed before 212 Del. C. § 202Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.

Get Started
Free

Transfer on Death Deed

In Delaware, a transfer on death deed is signed before a notary25 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source and 225 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source witnesses, then recorded with the county before the owner's death25 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source. Delaware does not recognize a Lady Bird deed.

Get Started
Free

Last Will and Testament

In Delaware, a will is signed before 212 Del. C. § 202Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimony12 Del. C. § 202Verified Oct 18, 2026View source.

Get Started

All Delaware forms

Tools for Planning Your Estate in Delaware

Free tools for planning your estate in Delaware: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Delaware and read its answer.

Trust or Will: Which Costs Less?

In Delaware, a will-based plan pays probate attorney fees of typically 2.5%Modeled estimate under 12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.9%Modeled estimate under 12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

Calculate Costs

How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Delaware runs $4,390Estimate: 10 hours at $439, Clio's Delaware Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,585Estimate: 15 hours at $439, Clio's Delaware Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

Calculate Costs

Do I Need a TOD Deed?

Delaware authorizes transfer on death deeds25 Del. C. Ch. 2, 201-221Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.

Get the Answer

Are My Beneficiary Designations Protected?

Delaware does not revoke an ex-spouse as beneficiary at divorce12 Del. C. § 209Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

Get the Answer

All Delaware tools