What to Do When Someone Dies in Kent County, Delaware

Probate in Kent County runs through the Register of Wills: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Kent County, settling their estate runs through the Register of Wills. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Register of Wills

Kent County

Address

555 Bay RoadDover, DE 19901

Hours

Walk-in: Monday - Thursday, 8:30 AM - 4:00 PM; Friday, 8:30 AM - 3:30 PM. Phone: Monday - Friday, 8:00 AM - 5:00 PM
Visit court website →
Paper filing availableE-filing required for attorneysAppointment requiredSelf-filing allowed

Accepted paymentCash, Check, Money order. No credit or debit cards. Checks payable to Register of Wills.

Located in the Kent County Levy Court Administrative Complex at 555 Bay Road (not the Kent County Courthouse at 414 Federal St.). Appointments must be made for opening and closing of estates. Dover is the state capital. Online probate records search: https://willssearch.kentcountyde.gov/

Verified July 3, 2026 · Source

How Probate Works in Kent County

Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Kent County, probate runs through the Register of Wills at 555 Bay Road, Dover.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Delaware intestacy law when there is no will.

Most Delaware estates take 12 months to 18 months to move through this process. The 8 months12 Del. C. § 2102 (8 months from death for pre-death claims; 6 months for post-death claims)Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

What Probate Costs in Kent County

What probate costs in Kent County, Delaware comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Register of Wills at 555 Bay Road, Dover.

Local procedures at this court that affect cost: Payment accepted by cash, check, or money order only. No credit or debit cards. Checks payable to Register of Wills; A missed appointment (no call, no show) for an estate opening or closing carries a $25.00 fee. These are county-specific and not posted on the statewide court site.

The Register of Wills charges $30 - $1,905+ (based on estate value)Del. Code tit. 12, § 2510Verified Sep 8, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.

E-filing is mandatory for attorneys filing at the Register of Wills (https://secure.fileandservexpress.com/). Self-represented filers can request a paper-filing exemption.

Estimate the costs for this estate:

Attorney fees in Delaware are negotiated, typically 2.7%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source to 4.3%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 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 estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Delaware requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.

Probate in Delaware typically runs 12 months to 18 months, and costs accrue throughout that period.

How to File Probate at the Register of Wills

If you're handling probate yourself in Kent County, Delaware, you can file at the Register of Wills in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person or by mail. While attorneys are required to e-file in Kent County, families handling probate themselves are exempt and can file on paper.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Register of Wills is realistic.

For a full cost comparison and filing checklist, see the Kent County Self-Filing Assessment.

Kent County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Before You File

E-filing mandatory since October 1, 2013 per Court of Chancery notice. All Kent County Register of Wills matters must be electronically filed and served through File & ServeXpress.

Original will (not copy) must be filed within 10 days of death notice per Delaware law. Will becomes public record once filed.

Claims against estate must be filed within 8 months from date of death with Statement of Claim, supporting documentation, and $30 flat filing fee.

Inventory of assets due within 90 days (3 months) after granting of letters. Accounting due within 1 year of estate opening. Joint Estate Affidavit available for jointly owned property.

Document Requirements

For in-person estate openings, a valid driver's license or passport is required. Original death certificate and will (if applicable) must be presented.

Court Appearances

Appointments are mandatory for opening and closing of estates. Contact office at 302-744-2330 to schedule.

Records Access

Older estates stored on microfiche or microfilm; more recent estates kept as paper files. Records date back to 1600s.

Online probate records search available at https://willssearch.kentcountyde.gov/. Forms library at https://www.kentcountyde.gov/Residents/Wills-Estates/Register-of-Wills-Forms-Library.

Other Requirements

Will safekeeping service available (launched October 2025). One-time $10 fee. Appointment required; call 302-744-2331. Examining a previously filed will costs $2; amending costs $5; codicil filing costs $5.

Before You Go

Appointment required

An appointment is required to file in person. Appointments are mandatory for the opening and closing of estates. Call 302-744-2330 to schedule. A missed appointment (no call, no show) carries a $25.00 fee.

Accepted payment

Cash, Check, Money order. No credit or debit cards. Checks payable to Register of Wills.

What to Bring

To file at the Register of Wills you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

Transferring Property in Kent County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Recorder of Deeds.

Deeds and other real property documents for Kent County are recorded with the Recorder of Deeds, led by Recorder of Deeds Eugenia Thornton, at 555 Bay Road, Dover, DE 19901. Phone: 302-744-2314. Hours: Monday - Friday, 8:00 AM - 5:00 PM (recording hours: 8:00 AM - 3:00 PM).

The Recorder of Deeds charges $36 per document plus $10 for every page.

Kent County accepts electronic recording through Simplifile / CSC / ePN.

Recording Office Record

Recorder of Deeds

Kent County · Recorder of Deeds · Eugenia Thornton

Address

555 Bay RoadDover, DE 19901

Fax

302-736-2035

Hours

Monday - Friday, 8:00 AM - 5:00 PM (recording hours: 8:00 AM - 3:00 PM)

E-recording

Available via Simplifile / CSC / ePNE-recording info →
Visit recorder website →

Recording fees

Document fee (per document)$36
Each page$10
Tax Parcel Number Fee$5
Non-Conforming Fee$40
Transfer tax on a TOD deedExempt

Del. Code tit. 9, § 9619; Kent County Code Ord. Chapter 128-44 (eff. 10/28/2025)

Verified September 4, 2026 · Source

Probate Attorneys Serving Kent County

Delaware allows informal probate, so many families settle straightforward estates in Kent County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.

Probate attorney fees in Delaware are based on reasonable compensation — typically 2.7%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source to 4.3%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Kent County firm to quote a structure up front.

A probate attorney files the petition with the Register of Wills, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

FirmDover, DE

Barros, McNamara, Malkiewicz & Taylor, P.A.

Since 1981 · Serves 2 counties

Full-service Dover law firm established in 1981 with over 100 years of combined attorney experience. Provides estate planning services including wills, trusts, power of attorney, probate, and adult guardianships. Additional offices in Seaford and Lewes.

PracticesEstate PlanningProbateGuardianshipPowers Of Attorneyand 2 more

Office
2 West Loockerman StreetDover, DE 19901

FirmDover, DE

Hudson, Jones, Jaywork & Fisher, LLC

Since 1977 · Serves 2 counties

One of southern Delaware's oldest and largest law firms, tracing roots to the 1950s and formally established in 1977. Offices in Dover, Rehoboth Beach, and Lewes serving Kent and Sussex counties. Handles trusts, wills, estates, real estate, business law, and civil litigation.

PracticesEstate PlanningProbateTrustsWills

Office
225 South State StreetDover, DE 19901

Solo PracticeCamden, DE

Law Offices of Bonnie M. Benson, P.A.

Serves 2 counties

Camden estate planning, elder law, and probate attorney serving Dover, Kent County, and Sussex County with over 30 years of experience. Offices in Camden and Lewes.

PracticesEstate PlanningEstate AdministrationProbateElder Lawand 3 more

Office
2116 S. Dupont Highway, Suite 2Camden, DE 19934

FirmDover, DE

May & Perza, P.A.

Since 2010 · Serves 1 county

Full-service firm on The Green in Dover established in 2010, serving all Delaware courts. Strong focus on estate planning and elder law alongside family law practice.

PracticesEstate PlanningElder LawGuardianshipMedicaid Planningand 4 more

Office
34 The GreenDover, DE 19901

FirmDover, DE

Schmittinger & Rodriguez, P.A.

Since 1961 · Serves 2 counties

Founded in 1961, the oldest law firm in Kent County. Decades of experience with estate law, revocable trusts, special needs trusts, durable power of attorney, healthcare directives, and probate. AV Preeminent rated by Martindale-Hubbell.

PracticesEstate PlanningProbateHealthcare DirectivesPowers Of Attorneyand 3 more

Office
414 South State StreetDover, DE 19901

FirmSeaford, DE

Aleman & Associates Attorneys at Law

Serves 2 counties

Bilingual (English/Spanish) Sussex County firm with offices in Seaford and Camden serving Sussex and Kent counties. Estate planning, estate administration, real estate, and business transactions. Steve Nowak heads the Estate Planning Department.

PracticesEstate PlanningEstate AdministrationHealthcare DirectivesPowers Of Attorneyand 2 more

Office
326 High Street, Suite 101Seaford, DE 19973
See all 40 firms serving Kent County→

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

Data sourced from Delaware statutes and official state code. How we research.