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.
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 →
Probate Litigation Firms Serving New Castle County
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 23 Delaware probate litigation 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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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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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 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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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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What Are the Creditor Claim Deadlines?
In Delaware, creditors have 8 months12 Del. C. § 2102 (8 months from death for pre-death claims; 6 months for post-death claims)Verified Sep 8, 2026View source from the date of death to present claims; late claims are barred.
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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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How Much Can an Executor Charge?
Delaware pays executors reasonable compensation12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
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