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 →

Estate Law Firms Serving Sussex County

Serves New Castle, Kent and Sussex counties from Montchanin, near Wilmington. Andrew P. Taylor drafts wills, powers of attorney and advance health care directives and helps families with the administration and settling of an estate after a death. The firm's other practices are family law and real estate, and Taylor is Legal Counsel for the Delaware Association of Realtors.

Since 2018Serves the whole stateEstate PlanningProbateFamily LawReal Estate

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 Delaware from Newark and handles probate for estates of any size in all three counties. Works with personal representatives through the Register of Wills filing, the estate inventory and the eight-month creditor claims period to a first and final accounting. Brian F. Funk also prepares wills and durable powers of attorney and runs a real estate settlement practice.

Solo PracticeServes the whole stateEstate PlanningProbateReal Estate

Serves New Castle, Kent and Sussex counties from Main Street in Odessa. Handles estate administration for probate and non-probate estates, including opening a probate estate at the Register of Wills, and guardianship issues alongside wills and powers of attorney. Partners Lacy E. Holly, III and Gene W. Morton are on the New Castle County Register of Wills probate attorney list.

Serves the whole stateEstate PlanningProbateGuardianshipReal Estate

Serves clients throughout New Castle, Kent and Sussex counties from a Philadelphia Pike office in Wilmington. Handles probate and estate administration and guardianships alongside wills, powers of attorney and family law. Attorney John A. Macconi, Jr. is admitted in Delaware, Pennsylvania and New Jersey and holds a bachelor's degree in finance.

Solo PracticeServes the whole stateEstate PlanningProbateGuardianshipCriminal DefenseFamily LawPersonal Injury

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

All 47 Delaware estate law firms serving Sussex 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.

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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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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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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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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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