Estate Planning for New Castle County, Delaware Property Owners

For most New Castle County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

Record a TOD deedWhere to recordLocal attorneys

For a New Castle County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Register of Wills. The two tools that keep a New Castle County home out of probate are a transfer-on-death deed recorded with the Recorder of Deeds, and a revocable living trust that holds title to the property.

Without a recorded beneficiary designation or a trust, New Castle County property passes through the Register of Wills — even simple Delaware probates run 9+ months and start with about $30 in filing fees. Delaware also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in New Castle County

A transfer on death deed names a beneficiary who receives New Castle County property automatically at the owner's death, without probate. It is recorded with the Recorder of Deeds during the owner's lifetime and can be revoked at any time.

Before recording, a Delaware transfer on death deed is signed with 225 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source witnesses and notary acknowledgment25 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source. The deed takes effect only if it is recorded before the owner's death25 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source.

Create a Delaware TOD deed →New Castle County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for New Castle County are recorded with the Recorder of Deeds at 800 North French Street, 4th Floor, Wilmington, DE 19801. Phone: 1-302-395-7700. Hours: Monday-Thursday 8:00 AM-4:00 PM; Friday 8:00 AM-1:00 PM.

The Recorder of Deeds charges $37 per document plus $15 for every page. Recording a 2-page transfer on death deed in New Castle County comes to $67. A transfer on death deed is exempt from transfer tax.

New Castle County accepts electronic recording through CSC, Indecomm, ePN and Simplifile.

New Castle County requires a 2.5-inch top margin on the first page, 0.75-inch side margins on recorded documents.

Recording Office Record

Recorder of Deeds

New Castle County

Hours

Monday-Thursday 8:00 AM-4:00 PM; Friday 8:00 AM-1:00 PM

Office

800 North French Street, 4th Floor, Wilmington, DE 19801

Open in Google Maps

Fax

1-302-395-7732

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving New Castle County

FirmWilmington, DE

Bayard, P.A.

Since 1958 · Serves 1 county

Serves New Castle County from Courthouse Square on King Street in downtown Wilmington. The Wills, Trusts and Estates practice, led by senior counsel Steven R. Director, handles estate and trust administration, family disputes after a decedent's distribution decisions become known, and federal estate and gift tax planning. Director is a past Chair of the Estate Planning Council of Delaware.

PracticesEstate PlanningTrust AdministrationProbateTax PlanningAsset Protection

Office
600 North King Street, Suite 400Wilmington, DE 19899

Solo PracticeClaymont, DE

Birney Law, LLC

Serves 1 county

Serves New Castle County from the Darley House in Claymont. Gregory F. Birney focuses his practice on estate planning alongside alcoholic beverage licensing, and also handles business transactions. Appointments are offered by phone and remotely, including evenings and weekends, while signing of estate planning documents usually takes place in person.

PracticesEstate PlanningBusiness Law

Office
3701 Philadelphia PikeClaymont, DE 19703
Virtual consultations

Solo PracticeNewark, DE

Carr Law, LLC

Since 2015 · Serves 1 county

Serves New Castle County from Newark. Valerie M. Carr opens estates with the Register of Wills, handles creditor notices, inventories, accountings and final distributions, and helps beneficiaries collect non-probate assets at hourly rates. She sits on the Estate Administration subcommittee of the Delaware State Bar Association's Estates and Trusts section and opened the practice in 2015.

PracticesEstate PlanningProbateReal Estate

Office
300 Creek View Road, Suite 210Newark, DE 19711

FirmWilmington, DE

Connolly Gallagher LLP

Serves 1 county

Serves New Castle County from offices in Wilmington and Newark. The Trusts, Estates, and Taxation group supports trustees, executors and beneficiaries in administration, litigates will contests, estate disputes and trust cases, and handles trust modification and estate, gift and GST tax planning. Four of its partners are fellows of the American College of Trust and Estate Counsel.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more

Office
1201 North Market Street, 20th FloorWilmington, DE 19801

FirmWilmington, DE

Cross & Simon, LLC

Serves 1 county

Serves New Castle County from Wilmington. Represents executors, personal representatives, trustees and beneficiaries in will contests, accounts by executors and trustees, removal of fiduciaries and disputes over estate and trust administration. Also handles guardianship appointments, oppositions and terminations, and prepares wills and trusts.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more

Office
1105 North Market Street, Suite 901Wilmington, DE 19801

Solo PracticeHockessin, DE

DCummings Law LLC

Since 2021 · Serves 1 county

Serves New Castle County from the Stone Mill Office Plaza in Hockessin. Douglas J. Cummings, Jr. represents personal representatives through probate before the Register of Wills and represents families applying to the court for guardianship of a relative who lacks capacity, alongside wills, trusts and powers of attorney. His other practices are business litigation and real estate transactions.

PracticesEstate PlanningProbateGuardianshipReal Estate

Office
724 Yorklyn Road, Suite 260Hockessin, DE 19707
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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.

Forms for Planning Your Estate in Delaware

Free forms for planning your estate in Delaware: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Delaware.

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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.

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Codicil to a Will

In Delaware, a codicil is signed before 212 Del. C. § 202Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimony12 Del. C. § 1305Verified Oct 25, 2026View source.

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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.

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HIPAA Release

In Delaware, a HIPAA release names who may receive your records and, as the state requires, names genetic information16 Del. C. § 1201(4)(c), § 1202(a), § 1205(a)Verified Jun 20, 2026View source expressly before a provider releases it.

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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.

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Transfer on Death Deed

In Delaware, a transfer on death deed is signed before a notary25 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source and 225 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source witnesses, then recorded with the county before the owner's death25 Del. C. Ch. 2, 201-221Verified Oct 18, 2026View source. Delaware does not recognize a Lady Bird deed.

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Vehicle Transfer on Death

Delaware allows a transfer-on-death beneficiary designation on a vehicle title21 Del. C. § 2304Verified Oct 21, 2026View source, filed through the Delaware Division of Motor Vehicles (Department of Transportation) using Form MV2025.

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Living Will

In Delaware, the living will is the Advance Health-Care Directive16 Del. C. Chapter 25 (Uniform Health-Care Decisions Act (2023)), §§ 2501-2530; health-care instruction §§ 2502(14), 2507; optional form § 2511Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.

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Tools for Planning Your Estate in Delaware

Free tools for planning your estate in Delaware: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Delaware and read its answer.

How Do I Sign Estate Documents?

In Delaware, a will is signed before 212 Del. C. § 202Verified Oct 18, 2026View source witnesses, and notarization is not required12 Del. C. § 202Verified Oct 18, 2026View source.

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Will My Estate Documents Transfer?

Delaware recognizes a will signed under the law of the place where it was signed12 Del. C. § 1306Verified Oct 18, 2026View source; a will signed in Delaware itself needs 212 Del. C. § 202Verified Oct 18, 2026View source witnesses, and notarization is not required12 Del. C. § 202Verified Oct 18, 2026View source.

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Trust or Will: Which Costs Less?

In Delaware, a will-based plan pays probate attorney fees of typically 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; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Delaware runs $4,390Estimate: 10 hours at $439, Clio's Delaware Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,585Estimate: 15 hours at $439, Clio's Delaware Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in Delaware runs $1,317Estimate: 3 hours at $439, Clio's Delaware Trusts rate (no Wills and Estates rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,634Estimate: 6 hours at $439, Clio's Delaware Trusts rate (no Wills and Estates rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $33,96412 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In Delaware, a parent names a guardian for a minor child in a will or a separate signed writingDel. Code tit. 12, § 3902(b)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Del. Code tit. 1, § 701Verified Sep 15, 2026View source.

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Do I Need a Revocable Trust?

Probate in Delaware takes 9 months to 12 months for a simple estate and charges attorney fees of typically 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; assets held in a revocable trust skip both.

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Estate planning articles for Delaware.