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 →

Probate 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 42 Delaware probate 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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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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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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Do I Need Probate?

In Delaware, estates with personal property of $50,000delcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source or less skip probate with the Distribution Without Lettersdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source, 30 daysdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source after death.

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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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Can I Self-File Probate?

Delaware has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is available12 Del. C. §§ 1302, 1303, 1502, 1505 (Register of Wills proves the will and grants letters; proof taken without notice unless an interested person petitions the Court of Chancery)Verified Sep 8, 2026View source.

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