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 →

Guardianship 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 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 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.

Since 1990Serves the whole stateEstate PlanningProbateProbate LitigationGuardianshipMunicipal LawReal Estate

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 23 Delaware guardianship 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.

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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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Free

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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$12/month

Revocable Living Trust

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

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All Delaware forms

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.

How Much Life Insurance Do I Need?

In Delaware, four years at a public university cost about $105,696NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax. Estate tax (30 Del. C. ch. 15, §§ 1501-1507) repealed outright by 81 Del. Laws, c. 52, § 1 (HB 16, 149th Gen. Assem.), effective for estates of decedents dying after Dec. 31, 2017; inheritance tax (30 Del. C. ch. 13, §§ 1301-1314) repealed by 71 Del. Laws, c. 353, § 10, effective Jan. 1, 1999; gift tax (30 Del. C. ch. 14) repealed by 71 Del. Laws, c. 130, § 1.Verified Sep 15, 2026View source.

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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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Who Inherits Without a Will?

Without a will in Delaware, descendants divide what passes to them per stirpes12 Del. C. § 503Verified Oct 21, 2026View source, and an heir must survive the decedent by 120 hours12 Del. C. § 504Verified Oct 21, 2026View source to inherit.

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