How Much Does Probate Cost in New Castle County, Delaware?
Understanding what probate costs before you start helps you plan and avoid surprises. Here's what families in New Castle County can expect.
Probate in New Castle County, Delaware runs through the Register of Wills at 800 N. French St., Second Floor, Wilmington. The total cost depends on the estate's size, whether the will is contested, and how much professional help the executor uses.
Local procedures at this court: E-filing mandatory since December 1, 2012 for all matters filed in Register of Wills office. Use File & ServeXpress system. Filing fee: $6.00 per transaction; online delivery service: $8.00 per transaction; Original will (not copy) must be filed within 10 days of death notice. Legal duty of any person in possession of document that might be a will; Estate must be probated if: decedent had >$30,000 in personal property in name alone, OR owned Delaware real estate in name alone (solely or as tenant in common). 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 May 7, 2026 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%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified May 7, 2026 to 4%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified May 7, 2026 of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation runs 2%12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)Verified May 7, 2026 to 4%12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)Verified May 7, 2026 of estate value, based on reasonable pay for time and effort. 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 monthsdelcode.delaware.gov: 12 Del. C. § 2305Verified May 7, 2026 to 18 monthsdelcode.delaware.gov: 12 Del. C. § 2305Verified May 7, 2026, and costs accrue throughout. The 8 months12 Del. C. § 2102 (8 months from death for pre-death claims; 6 months for post-death claims)Verified May 7, 2026 creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
Legal Sources
- 12 Del. C. § 2102 (8 months from death for pre-death claims; 6 months for post-death claims)
- 12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)
- 12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)
- Del. Code tit. 12, § 2510
- delcode.delaware.gov: 12 Del. C. § 2305
Data sourced from Delaware statutes and official state code. How we research.
Frequently Asked Questions
Total probate costs usually run 3–8% of the estate value. For New Castle County, that means filing fees (about $80 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
The petition to open probate costs about $80 in New Castle County. Additional filings during administration (inventory, accounting, final petition) can add to the total. The calculator above shows the full picture.
Delaware uses "reasonable fees" — usually hourly billing or a percentage of the estate. Typical range is 2%–4% of estate value, negotiable based on complexity.
Delaware allows "reasonable" executor compensation, typically 1–5% of estate value depending on complexity. Family executors often waive fees because the fee is taxable income while an inheritance is not.
Yes. Delaware estates under $30,000 can use a Distribution Without Letters and avoid most probate costs. Check the Delaware self-filing assessment to see if this applies.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of New Castle County probate.
Register of Wills
New Castle County
800 N. French St., Second Floor
Wilmington, DE 19801
Phone:
302-395-7800Fax:
302-395-7801
Email:
wills@nccde.orgHours:
Walk-in: Monday - Thursday, 8:00 AM - 3:30 PM; Friday, 8:00 AM - 3:00 PM. Phone: Monday - Friday, 8:00 AM - 4:00 PM. Closed daily 12:00 PM - 1:00 PM
Paper Filing Available
E-Filing Optional
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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