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 →

Trust Administration 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 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 families statewide in Delaware from offices in Lewes and Seaford, with virtual consultations available statewide. Handles estate and trust administration and advises trustees through the trust administration process, alongside Medicaid planning and supplemental needs trusts. Focuses exclusively on legal matters affecting older and disabled individuals.

Since 2005Serves the whole stateVirtual consultationsEstate PlanningTrust AdministrationProbateElder LawSpecial Needs Planning+2

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 33 Delaware trust administration 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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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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