Estate Planning & Probate in New Castle County, Delaware
There are two reasons people look up New Castle County probate: to keep a family out of it, or to get a loved one's estate through it. Pick the path that fits, then work from the local Register of Wills details.
Someone died — settling an estate
Filing probate at the Register of Wills, what it costs, transferring property, and local attorneys.
What to do when someone dies in New Castle County →Planning ahead as a property owner
Keep a New Castle County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in New Castle County →The Probate Process in New Castle 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 New Castle County, probate runs through the Register of Wills at 800 North French Street, 2nd Floor, Wilmington.
Full New Castle County probate guide: cost, how to file & attorneys →Probate Court Record
New Castle County Register of Wills
New Castle County
Phone
Hours
Office
Website
E-filing
Filing in person
Self-represented filing
Self-help forms
How to file probate in New Castle County →
Verified October 15, 2026 · Source
Recording Office Record
Recorder of Deeds
New Castle County
Phone
Hours
Office
Website
Recording fee
Verified October 16, 2026 · Source
Vital Records Office Record
Delaware Department of Health and Social Services - Office of Vital Statistics
New Castle County · State vital records office
Phone
Hours
Office
Website
Certified copies
Certified copy fee
Full death certificate details →
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
New Castle County · Division of Forensic Science, Medical Examiner Unit
Phone
Hours
Office
Website
Serves this county
Full coroner or medical examiner details →
Verified November 3, 2026 · Source
Local Procedures at the Register of Wills
E-filing through File & ServeXpress is mandatory for all matters filed in the Register of Wills office, effective December 1, 2012. The certified death certificate, the original will and any codicil or memorandum are still delivered to the office on paper. Any person in possession of a document that might be a will must deliver the original (not a copy) to the Register of Wills within 10 days after receiving notice of the death.
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.
Last Will and Testament
In Delaware, a will is signed before 212 Del. C. § 202Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimony12 Del. C. § 202Verified Oct 18, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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.
Healthcare Power of Attorney
Delaware requires 116 Del. C. § 2511Verified Oct 15, 2026View source witness for a healthcare power of attorney; notarization is not required16 Del. C. § 2511Verified Oct 15, 2026View source.
Financial Power of Attorney
Delaware requires explicit durability language for a power of attorney to survive incapacity12 Del.C. §§ 49A-104, 49A-105, 49A-106, 49A-109, 49A-113, 49A-114, 49A-119, 49A-120, 49A-201, 49A-204 through 49A-217, 49A-301; 12 Del.C. §§ 5002, 5004, 5005; 25 Del.C. §§ 151, 154, 155, 172Verified Oct 21, 2026View source, and it is signed before 112 Del.C. §§ 49A-104, 49A-105, 49A-106, 49A-109, 49A-113, 49A-114, 49A-119, 49A-120, 49A-201, 49A-204 through 49A-217, 49A-301; 12 Del.C. §§ 5002, 5004, 5005; 25 Del.C. §§ 151, 154, 155, 172Verified Oct 21, 2026View source witness and a notary.
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 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.
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.
Do I Need Probate?
In Delaware, estates with personal property of $50,000delcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source or less skip probate with the Distribution Without Lettersdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source, 30 daysdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source after death.
Who Inherits Without a Will?
Without a will in Delaware, descendants divide what passes to them per stirpes12 Del. C. § 503Verified Oct 21, 2026View source, and an heir must survive the decedent by 120 hours12 Del. C. § 504Verified Oct 21, 2026View source to inherit.
How Much Does Probate Cost?
Probate on a $500,000 estate in Delaware costs an estimated $33,96412 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2.5%Modeled estimate under 12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.9%Modeled estimate under 12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Delaware Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in New Castle County.
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