What to Do After a Death in New Castle County, Delaware
The first weeks after losing someone involve time-sensitive tasks. Here's what to prioritize and what can wait.
Handling an estate in New Castle County, Delaware means working through both immediate tasks (securing property, ordering death certificates, stopping benefits) and the formal probate process at the Register of Wills at 800 N. French St., Second Floor, Wilmington.
New Castle County has local procedures worth knowing before you start: 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).
1. Order Death Certificates
Find out how many death certificates to order:
2. Estate Settlement Checklist
Track your progress through the probate process:
Once appointed as personal representative, Delaware law requires filing an inventory of estate assets with the Register of Wills within 90 daysDel. Code tit. 12, § 1905Verified May 7, 2026. The inventory identifies and values everything the deceased owned — real estate, bank accounts, investments, vehicles, personal belongings.
Delaware requires publishing a notice to creditors in a local newspaper. Creditors then have 8 months12 Del. C. § 2102 (8 months from death for pre-death claims; 6 months for post-death claims)Verified May 7, 2026 to file claims against the estate.
Your first priorities are securing property and stopping automatic payments. Collect mail, lock up valuables, document what's there, and call Social Security at 1-800-772-1213 to report the death — this prevents benefit overpayments that the estate would have to repay later.
Contact banks and credit card companies as soon as possible to freeze accounts and prevent unauthorized transactions or recurring charges. Most institutions require a certified death certificate.
When you're ready to start probate, contact the Register of Wills at 302-395-7800 to confirm what documents you need. You can file in person or by mail — families handling probate themselves don't need to use e-filing.
File life insurance claims early. Proceeds pass directly to named beneficiaries outside probate and are often available within weeks, which can help cover immediate estate expenses while probate is underway.
An attorney is most worth the cost when the estate involves contested assets, disputes between beneficiaries, will challenges, business interests, or real estate in multiple states. Straightforward estates can often be handled without one.
Attorney fees in Delaware typically run 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 without disputes.
Professional help is especially valuable when the estate is large enough to trigger Delaware's estate tax filing thresholds, involves unusual assets, or creates potential liability for the executor.
Legal Sources
- 12 Del. C. § 2102 (8 months from death for pre-death claims; 6 months for post-death claims)
- 12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)
- Del. Code tit. 12, § 1905
Data sourced from Delaware statutes and official state code. How we research.
Frequently Asked Questions
Before anything court-related, handle three things: get the doctor or coroner to sign the death certificate, secure the home and any valuables, and locate the will. Only then does probate planning make sense.
Plan on 8–12 certified copies. Each financial institution, title company, insurer, and the New Castle County probate court will ask for an original. Ordering too few is the most common delay families run into. Use the Delaware death certificate calculator for a personalized count.
Delaware does not set a strict filing deadline for opening probate, but delay has costs: the creditor claim period is 8 months, assets stay frozen until probate opens, and some banks refuse to act without letters. Most families file within 30–60 days.
Funeral homes typically report the death to Social Security. Bank and brokerage notifications are on the executor — accounts freeze on notification, so timing matters. The Delaware estate settlement checklist walks through the order.
Yes. A revocable living trust keeps the estate out of New Castle County probate entirely — no filing, no hearings, no public record. Families who plan ahead settle in weeks instead of months. Create a revocable trust online before the next generation has to go through what you're handling now.
What to Expect at Court
Here's what you should know about court appearances in this county.
Court Appearances
Appointments are necessary to open (probate) an estate. Contact office at 302-395-7800 to schedule.
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