Probate in Sussex County

Probate Court Record

Sussex County Register of Wills

Sussex County

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

5 East Pine Street, Georgetown, DE 19947

Filing in person

Appointment required

Self-represented filing

Allowed

Self-help forms

How to file probate in Sussex County →

Verified October 15, 2026 · Source

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

Asset Protection Firms Serving Sussex County

Serves Delaware and Pennsylvania from Hockessin. Frederick J. Dimichele guides executors, administrators and beneficiaries through probate, from filing the will and petitioning for letters through short-form administrations, creditor claims and distribution, and handles trust administration, guardianship proceedings and Medicaid and long-term care planning. Initial consultations are free.

Solo PracticeServes the whole stateFree consultationEstate PlanningTrust AdministrationProbateElder LawGuardianship+3

Serves clients throughout Delaware from a Greenville office, with a father-son team of Kevin and Paul O'Brien. Handles probate and estate administration, trust administration, small estate affidavits and federal estate tax returns, and drafts special needs trusts and Delaware asset protection trusts. Planning documents are quoted as a flat fee after the initial consultation.

Serves the whole stateEstate PlanningTrust AdministrationProbateElder LawTax Planning+3

Serves clients across Delaware from a Pike Creek office at Linden Hill Station, in person or by Zoom. Handles estate administration and probate through the Register of Wills, trust settlement, uncontested guardianships, and Delaware Medicaid applications; the firm does not take contested estate, trust or probate cases. Family-owned since 1981 and focused on elder law and estate planning.

Since 1981Serves the whole stateVirtual consultationsEstate PlanningTrust AdministrationProbateElder LawGuardianship+3

Serves families in New Castle, Kent and Sussex counties from the Stone Mill building in Hockessin. Handles estate administration, trust administration for trustees, and guardianships of disabled adults, minor children and a minor's property, alongside Medicaid asset protection planning. Five attorneys also practice divorce, custody and family law.

Serves the whole stateEstate PlanningTrust AdministrationProbateElder 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 New Castle, Kent and Sussex counties from a Centerville Road office in Wilmington. Guides personal representatives through probate, from recording the will with the Register of Wills and obtaining letters to closing the decedent's accounts, and handles small estates and adult guardianships. A female-owned firm that also practices family law and bankruptcy; Spanish is spoken.

Serves the whole stateEstate PlanningProbateElder LawGuardianshipSpecial Needs Planning+4

All 19 Delaware asset protection firms serving Sussex 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.

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Revocable Living Trust

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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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All Delaware tools