Probate in New Castle County runs through the Register of Wills: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in New Castle County, settling their estate runs through the Register of Wills. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
New Castle County
Address
Phone
Fax
Hours
Located in the Louis L. Redding City/County Building. Parking available in the garage under the building for a fee. Most populated county in Delaware.
Verified July 3, 2026 · Source
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 N. French St., Second Floor, Wilmington.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Delaware intestacy law when there is no will.
Most Delaware estates take 12 months to 18 months to move through this process. The 8 months12 Del. C. § 2102 (8 months from death for pre-death claims; 6 months for post-death claims)Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What probate costs in New Castle County, Delaware comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Register of Wills at 800 N. French St., Second Floor, Wilmington.
The Register of Wills charges $30 - $1,905+ (based on estate value)Del. Code tit. 12, § 2510Verified Sep 8, 2026View source 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 2.7%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source to 4.3%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. 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 months to 18 months, and costs accrue throughout that period.
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.
How to File Your Documents
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.
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 InformationNot every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Register of Wills is realistic.
For a full cost comparison and filing checklist, see the New Castle County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
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 personal property in name alone above the small-estate threshold, OR owned Delaware real estate in name alone (solely or as tenant in common). Threshold is $50,000 for decedents who died on or after June 10, 2026 ($30,000 for deaths before that date).
SourceSmall Estate Affidavits available for estates under the threshold with no solely-owned real estate: under $50,000 for decedents who died on or after June 10, 2026, or under $30,000 for deaths before that date. New Castle handles small estates via a mail-in request form.
SourceClaims against estate must be filed within 8 months from date of death with Statement of Claim, supporting documentation, and $20 filing fee.
Appointments are necessary to open (probate) an estate. Contact office at 302-395-7800 to schedule.
SourceWill 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 only: Appoquinimink Public Library, 204 E. Main Street, Middletown, DE 19709, on the first Wednesday monthly 4:00-7:00 PM; Hockessin Public Library, 1023 Valley Road, Hockessin, DE 19707, on the second Wednesday monthly 4:00-7:00 PM (continuing through at least 2027). Call 302-395-7800 and specify which location.
SourceBefore You Go
An appointment is required to file in person. An appointment is necessary to open (probate) an estate. Call 302-395-7800 to schedule. Small Estate Affidavits are handled through a mail-in request form rather than in person.
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.
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Recorder of Deeds.
Deeds and other real property documents for New Castle County are recorded with the Recorder of Deeds, led by Recorder of Deeds Michael E. Kozikowski, Sr, at 800 N. French St., Fourth Floor, Wilmington, DE 19801. Phone: 302-395-7700. Hours: Monday - Thursday, 8:00 AM - 4:00 PM (recording windows close 3:45 PM); Friday, 8:00 AM - 1:00 PM (recording windows close 12:45 PM).
The Recorder of Deeds charges $35 per document plus $13 for every page.
New Castle County accepts electronic recording through Simplifile / CSC / ePN / Indecomm.
Recording Office Record
New Castle County · Recorder of Deeds · Michael E. Kozikowski, Sr.
Address
Phone
Fax
Hours
E-recording
Recording fees
| Document fee (per document) | $35 |
| Each page | $13 |
| Tax Parcel Number Fee | $3 |
| Transfer tax on a TOD deed | Exempt |
Del. Code tit. 9, § 9617; NCC Recorder of Deeds Fee Schedule (rev. 1/28/2020)
Verified September 4, 2026 · Source
Delaware allows informal probate, so many families settle straightforward estates in New Castle County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Delaware are based on reasonable compensation — typically 2.7%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source to 4.3%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a New Castle County firm to quote a structure up front.
A probate attorney files the petition with the Register of Wills, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Solo PracticeNewark, DE
Newark, DE solo practice opened in 2015 focusing on estate planning including wills and trusts, probate, estate administration, and real estate transactions.
PracticesEstate PlanningEstate AdministrationProbateTrustsWills
FirmMontchanin, DE
Montchanin firm in the Greenville area drafting wills, powers of attorney, and advanced healthcare directives, with family law, mediation, and real estate as its other practices. Andrew Taylor works directly with clients on the estate documents and serves as Legal Counsel for the Delaware Association of Realtors.
PracticesEstate PlanningHealthcare DirectivesPowers Of AttorneyWills
Solo PracticeHockessin, DE
Hockessin solo practice handling estate planning, wills, trusts, guardianships, and probate before the Register of Wills. Also handles business litigation in the Court of Chancery and Superior Court. Former law clerk to a New Castle County Superior Court Judge.
PracticesEstate PlanningProbateGuardianshipTrustsWills
FirmHockessin, DE
Hockessin estate planning and probate firm serving Delaware and Pennsylvania. Drafts all kinds of trusts including revocable, irrevocable, special needs, and charitable trusts. Assists executors with probate administration.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 4 more
Solo PracticeGreenville, DE
Just outside Wilmington in Greenville, this firm handles Delaware (and Pennsylvania) probate of wills, marshaling and inventory of estate assets, and administration of living and testamentary trusts. It also represents families in adult guardianship petitions before the Delaware Court of Chancery. Estate planning runs on a flat-fee basis so clients know costs up front.
PracticesEstate PlanningEstate AdministrationProbateGuardianshipand 4 more
FirmWilmington, DE
Delaware estate planning and elder law firm founded in 1992, dedicated exclusively to estate planning, special needs planning, elder law, Medicaid planning, and estate/trust administration. Offices in Wilmington and Millsboro.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 3 more
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.
Data sourced from Delaware statutes and official state code. How we research.
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Vehicles, jewelry, collectibles, etc.
Mortgages, credit cards, loans, etc.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Step-by-step tools for families in New Castle County, Delaware.
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Get a score-based recommendation on whether self-filing probate is right for your situation. See estimated savings vs. hiring an attorney and get a step-by-step checklist.
Browse vetted Delaware attorneys handling probate matters.
