How Do I File Probate in New Castle County, Delaware?
A step-by-step guide to filing at the Register of Wills—what documents you'll need, where to go, and what happens after you file.
If you're handling probate yourself in New Castle 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.
Your Filing Options
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 New Castle 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 InformationCan You File Without an Attorney?
Not every estate requires an attorney. Factors like estate size, asset types, and whether beneficiaries agree can determine if self-filing at the Register of Wills is realistic for your situation.
For a detailed cost comparison and filing checklist, see the full New Castle County Self-Filing Assessment.
New Castle 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 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).
Small estate affidavits available 30 days after death for estates under $30,000 in personal property with no solely-owned real estate.
Claims against estate must be filed within 8 months from date of death with Statement of Claim, supporting documentation, and $20 filing fee.
Other Requirements
Will safekeeping service available with one-time $10 fee. Only testator with proper ID or testator's attorney may withdraw deposited wills.
Evening hours available by appointment: Appoquinimink Library (Middletown) on first Wednesday monthly 4:00-7:00 PM; Hockessin Public Library on second Wednesday monthly 4:00-7:00 PM.
In-Person Filing
The Register of Wills is located at 800 N. French St., Second Floor, Wilmington, DE 19801. Phone: 302-395-7800. Hours: 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.
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.
Court Resources
Additional resources, forms, and fee schedules are available on the Register of Wills website.
Frequently Asked Questions
You open probate by filing a petition with the Register of Wills in New Castle County, attaching the original will (if any), the death certificate, and the filing fee (about $80). Once the court issues letters, the personal representative can act.
At minimum: petition for probate, application for letters testamentary or of administration, notice to heirs, and an oath for the personal representative. New Castle County uses the standard Delaware probate forms — the court's website lists the current versions.
Delaware permits self-representation, but formal probate procedures make it impractical for most families. The Register of Wills staff can accept filings but cannot give legal advice. Check the Delaware self-filing assessment before deciding.
Yes. The Register of Wills in New Castle County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Assets stay locked, creditors can still pursue them, and beneficiaries cannot sell real property or close accounts. After a few years, interested parties can petition to open probate themselves. Waiting rarely helps. Families who set up a revocable living trust ahead of time bypass this problem entirely.
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.
Is this your situation?
Get a complete guide for your specific circumstances.
Named as Executor
Being named executor means navigating probate, managing assets, and distributing the estate. What's expected, what you can charge, and how to start.
Learn more
Death of a Parent
Losing a parent is overwhelming. What needs to happen next — settling the estate, navigating probate, and the steps to move forward.
Learn more