How Do I File for Probate in Delaware?
Delaware publishes no statewide probate petition: each county Register of Wills (New Castle, Kent, Sussex) issues its own opening petition, and the estate is opened by bringing the original will and a certified death certificate to that county's Register — there is no e-filing. Self-represented filing is permitted, so the petition comes from your county Register of Wills, not from us.
Opening an estate in Delaware
Delaware's opening petition is a COUNTY form, not a statewide one: the Delaware Courts forms library publishes no probate petition, and each Register of Wills (New Castle, Kent, Sussex) issues its own — New Castle and Kent as "Form No. 1," Sussex as "Petition to Act as Personal Representative" (rev. 11/2025). The New Castle and Sussex PDFs are fillable AcroForms, so a per-county template fill is technically possible; what does not exist is a single statewide form, and the estate is opened by submitting the original will and a certified death certificate to that county's Register (typically at an in-person appointment — no e-filing). Delaware therefore off-ramps to the correct county Register of Wills rather than generating a document, even though the state is otherwise pro se friendly and requires no bond by default (12 Del. C. § 1522). GRADUATION PATH: wire three county fillers (NCC/Kent/Sussex) keyed to the county of domicile.
A simpler path may apply
Delaware offers a small-estate or summary procedure that can transfer property without a full grant of Letters when the estate qualifies. This is often the honest self-service path where full administration is not.
Frequently asked questions
Yes. Delaware permits a self-represented person to open an estate and apply for Letters. What we do not do is produce the document for you here: delaware publishes no statewide probate petition: each county Register of Wills (New Castle, Kent, Sussex) issues its own opening petition, and the estate is opened by bringing the original will and a certified death certificate to that county's Register — there is no e-filing. Self-represented filing is permitted, so the petition comes from your county Register of Wills, not from us.
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).
Register of Wills handles decedents' estates in Delaware. Register of Wills of the county (New Castle, Kent, or Sussex), after the will is proved / petition is granted; contested matters go to the Court of Chancery issues the Letters after the court grants the petition.
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.
