Probate in Kent County

Probate Court Record

Kent County Register of Wills

Kent County

Hours

Monday-Thursday 8:30 AM-4:00 PM; Friday 8:30 AM-3:30 PM

Office

555 Bay Road, 2nd Floor, Room 214, Dover, DE 19901

Filing in person

Appointment required

Self-represented filing

Allowed

Self-help forms

How to file probate in Kent County →

Verified October 15, 2026 · Source

Do I need a lawyer for probate in Kent County? →Settling an estate in Kent County →

Trust Administration Firms Serving Kent County

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 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 Sussex County from Ocean View, near Bethany Beach, with a second office in Annapolis, Maryland, and sees clients from throughout Delaware. Guides personal representatives through estate administration with the Register of Wills, from inventory and creditor claims to final accounting, alongside Medicaid, special needs trust and estate planning. Founded in 1993 by attorney John F. Robbert.

Solo PracticeSince 1993Serves the whole stateFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateTax PlanningSpecial Needs Planning+2

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

Serves clients across Delaware from a Pike Creek office at Linden Hill Station, in person or by Zoom. Handles estate administration and probate through the Register of Wills, trust settlement, uncontested guardianships, and Delaware Medicaid applications; the firm does not take contested estate, trust or probate cases. Family-owned since 1981 and focused on elder law and estate planning.

Since 1981Serves the whole stateVirtual consultationsEstate PlanningTrust AdministrationProbateElder LawGuardianship+3

Serves families in New Castle, Kent and Sussex counties from the Stone Mill building in Hockessin. Handles estate administration, trust administration for trustees, and guardianships of disabled adults, minor children and a minor's property, alongside Medicaid asset protection planning. Five attorneys also practice divorce, custody and family law.

Serves the whole stateEstate PlanningTrust AdministrationProbateElder LawGuardianship+3

All 13 Delaware trust administration firms serving Kent 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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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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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 Do I Settle a Trust?

Settling a trust in Delaware happens outside court: the trustee acts under the state's trust statute12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.

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What's Fair Trustee Compensation?

In Delaware, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent)12 Del. C. §§ 3560-3562; Del. Ch. Ct. R. 132Verified Sep 18, 2026View source unless the trust instrument sets a different amount.

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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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Do I Have to File Tax Returns for Someone Who Died?

Delaware requires a final state income tax return for the decedent alongside the federal Form 104030 Del. C. § 1102; § 1108Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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How Does Step-Up in Basis Work?

Inherited assets in Delaware take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates30 Del. C. § 1102(a)(14) (graduated 2.2%–6.6% individual income tax)Verified Sep 15, 2026View source.

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