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.
Probate in New Castle County
Probate Court Record
New Castle County Register of Wills
New Castle County
Phone
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
Website
E-filing
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 →
Estate Law Firms Serving New Castle County
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.
Serves Kent and Sussex counties and clients throughout Delaware from offices on South State Street in Dover and Rehoboth Avenue in Rehoboth Beach. Provides probate, estate administration, fiduciary and beneficiary guidance alongside wills, trusts and incapacity planning. Founded on December 31, 1956, it is one of Southern Delaware's oldest law firms.
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 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.
Serves clients statewide from offices in Georgetown and Milford. Handles the probate and administration of estates, from identifying assets and paying debts and estate taxes to distribution, counsels on will contests, and represents clients in guardianships. Founded in 1990 by J. Everett Moore, Jr. and David N. Rutt, the five-attorney firm also practices real estate and municipal law.
All 65 Delaware estate law firms serving New Castle County →
Forms for Planning and Settling an Estate in Delaware
Free Delaware forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Delaware.
$12/month
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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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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Healthcare Power of Attorney
Delaware requires 116 Del. C. § 2511Verified Oct 15, 2026View source witness for a healthcare power of attorney; notarization is not required16 Del. C. § 2511Verified Oct 15, 2026View source.
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Financial Power of Attorney
Delaware requires explicit durability language for a power of attorney to survive incapacity12 Del.C. §§ 49A-104, 49A-105, 49A-106, 49A-109, 49A-113, 49A-114, 49A-119, 49A-120, 49A-201, 49A-204 through 49A-217, 49A-301; 12 Del.C. §§ 5002, 5004, 5005; 25 Del.C. §§ 151, 154, 155, 172Verified Oct 21, 2026View source, and it is signed before 112 Del.C. §§ 49A-104, 49A-105, 49A-106, 49A-109, 49A-113, 49A-114, 49A-119, 49A-120, 49A-201, 49A-204 through 49A-217, 49A-301; 12 Del.C. §§ 5002, 5004, 5005; 25 Del.C. §§ 151, 154, 155, 172Verified Oct 21, 2026View source witness and a notary.
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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.
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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.
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Tools for Planning and Settling an Estate in Delaware
Free calculators and checklists to plan or settle an estate in Delaware: will and trust costs, probate, executor pay and taxes. Run each tool for Delaware.
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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Do I Need a Revocable Trust?
Probate in Delaware takes 9 months to 12 months for a simple estate and charges 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; assets held in a revocable trust skip both.
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How Much Does Probate Cost?
Probate on a $500,000 estate in Delaware costs an estimated $33,96412 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 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 under a reasonable-compensation standard.
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What Are the Estate Laws in My State?
Probate on a $500,000 estate in Delaware costs an estimated $33,96412 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source and takes 9 months to 12 months for a simple estate, with 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. Estates under $50,000delcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source can use a small-estate procedure instead.
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How Do I Settle an Estate?
Settling an estate in Delaware: the personal representative files the estate inventory within 90 daysDel. Code tit. 12, §§ 1904, 1905, 1908, 1910Verified Sep 15, 2026View source of appointment; creditors have 8 months12 Del. C. §§ 2101, 2102, 2103, 2104, 2105, 2109Verified Oct 18, 2026View source to present claims; a simple estate closes in 9 months to 12 months.
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What Does Estate Planning Actually Cost?
An attorney-prepared revocable 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 and a simple will $1,317Estimate: 3 hours at $439, Clio's Delaware Trusts rate (no Wills and Estates rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,634Estimate: 6 hours at $439, Clio's Delaware Trusts rate (no Wills and Estates rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
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