How Do I File for Probate in Delaware?

Delaware offers a small-estate or summary procedure that can transfer property without a full grant of Letters when the estate qualifies. Probate is handled by the Register of Wills, a clerk of the Court of Chancery, with an office in each of the three counties. The county petition requests Letters Testamentary (executor), Letters of Administration (administrator), or the with-will-annexed / ancillary / successor variants via checkboxes. No filing deadline runs against the petitioner, but if no petition for administration is filed within 60 days of death the Register may grant letters to whomever the Register determines (§ 1505(d)). Bond is not required by default (§ 1522); it is required only where the will expressly requires it or the Court of Chancery orders it, and any person with an interest (or a creditor with a claim) in excess of $2,000 may demand bond from the Court (§ 1524). Small-estate collection under § 2306 bypasses letters where no personal-representative petition is pending or granted, 30 days have elapsed since death, the personal estate (excluding § 1901(b)/(c) property and jointly owned property) does not exceed $50,000, debts are paid or provided for, the spousal allowance (§ 2308) is satisfied, and the decedent owned no Delaware real estate solely or as tenant in common. Nonresident representatives must file an irrevocable power of attorney with the Register before letters issue (§ 1506). The § 2306 ceiling was $30,000 until 85 Del. Laws, c. 281 (HB 333) raised it to $50,000 on June 10, 2026; the New Castle Register administers the change by date of death ($30,000 for decedents who died before June 10, 2026, $50,000 on or after). Procedurally the estate is not opened by filing: a deputy reviews the original will, certified death certificate and supporting forms first, then schedules an in-person opening appointment at which the petition is sworn to and subscribed before the Register and Short Certificates issue.

Register of Wills handles decedents' estates in Delaware. Register of Wills of the county issues Letters Testamentary or Letters of Administration when the representative qualifies.

Letters Testamentary are issued when there is a will (to the executor); Letters of Administration are issued when there is no will (to an administrator). They give the personal representative authority to act for the estate.