Wilmington is in New Castle County.

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 →

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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