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.
What to Do When Someone Dies in New Castle County, Delaware
How probate works in New Castle County: the Register of Wills record, what the process costs, and how to file there.
Probate Court Record
New Castle County Register of Wills
New Castle County
Phone
Hours
Monday-Thursday 8:00 AM-noon and 1:00 PM-3:30 PM; Friday 8:00 AM-noon and 1:00 PM-3:00 PM
Office
800 North French Street, 2nd Floor, Wilmington, DE 19801
Website
E-filing
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysEvery matter filed with the Register of Wills is e-filed through File & ServeXpress, and an e-filed document is signed with the filing attorney's Delaware Bar number. Estates are also opened in person at an appointment with the office. Filings are due by 11:59 PM Eastern, and the statutory fees are billed monthly with the File & ServeXpress charges. On paper: Certified death certificate: the paper original is delivered to the office in addition to the e-filed sealed copy; Original will, codicil and memorandum: the paper originals are delivered to the office.
Filing in person
Appointment requiredAn appointment is necessary to open (probate) an estate; call 302-395-7800, and expect the wait for an appointment to vary with the month's filing volume. Small Estate Affidavits are requested through the mail-in request form and are not issued after 3:00 PM. Missing an appointment without 24 hours' notice carries a $25 fee.
Self-represented filing
AllowedInventory, accounting, beneficiary-waiver and closing forms are on the Forms page; the Small Estate Affidavit mail-in request form is on the Small Estates page.
Accepted payment
- At the counterCash, Check.Closing costs are paid by check or cash at the closing appointment.
Fax
1-302-395-7801
Departments
- AccountingReceives and audits the Inventory and notarizes it at no cost; no appointment needed. The Inventory goes to Accounting, not to the deputy.
About the court
- Located on the second floor of the Louis L. Redding City/County Building. The hours above are in-person hours; phone lines are answered Monday-Friday 8:00 AM-4:00 PM, and the office closes daily from noon to 1:00 PM.
Verified October 15, 2026 · Source
How Probate Works in New Castle County
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 North French Street, 2nd 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. Creditors have 8 months12 Del. C. §§ 2101, 2102, 2103, 2104, 2105, 2109Verified Oct 18, 2026View source to present a claim, counted from the date of death.
What Probate Costs in New Castle County
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 North French Street, 2nd Floor, Wilmington.
Procedures at this court that affect cost: Closing costs are 1.75% of the net personal estate plus a 0.25% technology fee (deaths on or after July 1, 2018), plus $20 for recording and indexing (unless prepaid) and $5 per release filed. After the accounting is audited (at least 10 business days), the deputy schedules the closing appointment, where the personal representative takes an oath and pays the closing costs by check or cash; Late fee for overdue documents: $100 for every 12-month period of delinquency. Missed appointment fee (missing an appointment without 24 hours' notice): $25. Estate closing letter $50; reversing an administrative closing $500.
The Register of Wills charges $30 - $2,005+ (based on estate value)Del. Code tit. 12, §§ 2510, 2511; Kent County Code § 128-46; Sussex County Code § 62-1; Kent County Register of Wills Fees Rev. 2.5.2026Verified Oct 17, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Delaware are negotiated, 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 estate value. Flat-fee arrangements are common for straightforward estates.
Delaware allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules pay12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Delaware requires publishing notice to creditors in a local newspaper, and the estate pays for it.
Probate in Delaware typically runs 12 months to 18 months, and costs accrue throughout that period.
How to File Probate at the Register of Wills
Probate cases in New Castle County, Delaware are filed at the Register of Wills.
Beside the filing office, the court lists a separate line for Accounting.
Can You File Without an Attorney?
Delaware has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is available12 Del. C. §§ 1302, 1303, 1502, 1505 (Register of Wills proves the will and grants letters; proof taken without notice unless an interested person petitions the Court of Chancery)Verified Sep 8, 2026View source.
For a full cost comparison and filing checklist, see the 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 through File & ServeXpress is mandatory for all matters filed in the Register of Wills office, effective December 1, 2012. The certified death certificate, the original will and any codicil or memorandum are still delivered to the office on paper.
SourceAny person in possession of a document that might be a will must deliver the original (not a copy) to the Register of Wills within 10 days after receiving notice of the death.
SourceAn estate must be probated in New Castle County if the decedent had more than $50,000 in personal property in his or her name alone, or owned Delaware real estate in his or her name alone (solely or as a tenant in common). The $50,000 figure applies to deaths on or after June 10, 2026; $30,000 applies to earlier deaths.
SourceA Small Estate Affidavit is issued where the solely owned personal property is under $50,000 (deaths on or after June 10, 2026; $30,000 for earlier deaths) and there is no solely owned real estate. It is requested through the mail-in request form, is available 30 days after the date of death, and is not issued after 3:00 PM. Fee $10, plus $5 for each additional affidavit obtained at the same visit.
SourceClaims against an estate are filed on a Statement of Claim with supporting documentation and a $20 flat filing fee, within 8 months of the date of death.
SourceThe Inventory (Form 600 RW) is due within three months after the granting of letters; its $15 fee is prepaid with the opening costs, plus $1 per additional page. It is submitted to the Accounting department, which audits and notarizes it at no cost without an appointment, or signed before any notary and mailed in. The accounting is due within one year of opening the estate; overdue documents are charged a late fee.
SourceCourt Appearances
An appointment is necessary to open (probate) an estate. Call 302-395-7800 to schedule.
SourceRecords Access
The office holds archives for genealogy and real-estate title searches; records date back to the 1600s. Copies of wills and estate documents are ordered by written request with payment (scanned documents $1 per page, microfilmed documents $2 per page).
SourceOther Requirements
Will safekeeping: an original will may be deposited for a one-time $10 fee and held until the testator's death. Only the testator with proper ID, or the testator's attorney, may withdraw it. Wills in safekeeping are not public record.
SourceEvening office hours by appointment only, 4:00-5:00 PM: Appoquinimink Public Library, 204 E. Main Street, Middletown, DE 19709, on the first Wednesday of each month; Hockessin Public Library, 1023 Valley Road, Hockessin, DE 19707, on the second Wednesday of each month. No walk-in service at the libraries; call 302-395-7800 and specify Middletown or Hockessin. Appointments are limited and fill quickly.
SourceA fee parking garage sits under the Louis L. Redding City/County Building, entered from 9th Street between French and Walnut Streets; the garage elevators reach the building at the Plaza level. Metered street parking is scarce.
SourceWhat to Bring
Filed with the opening petition at the Register of Wills: Original will and any codicils (proved before the Register of Wills); Certified copy of the death certificate (Kent requires the original certified copy and returns it after scanning; 12 Del. C. § 2309 separately requires a certified copy be filed where the decedent held an interest in real property); Completed county Petition to Act as Personal Representative (sworn before the Register); Completed county Case Information Sheet / Worksheet; Apostille, where the will or death certificate was issued outside the United States; Oath of the executor/administrator (subscribed; § 1509)12 Del. C. ch. 15 §§ 1501-1509 (grant of letters, oath); § 1505 (intestate priority & petition); subch. II §§ 1521-1524 (bond)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in New Castle County
In New Castle County certified copies of the death certificate come from Delaware Department of Health and Social Services - Office of Vital Statistics.
Vital Records Office Record
Delaware Department of Health and Social Services - Office of Vital Statistics
New Castle County · State vital records office
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM (except holidays)
Office
James Williams State Service Center, 805 River Road, Dover, DE 19901
Website
Certified copies
From Delaware Department of Health and Social Services - Office of Vital Statistics
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
New Castle County · Division of Forensic Science, Medical Examiner Unit
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
200 South Adams Street, Wilmington, DE 19801
Website
Serves this county
Division of Forensic Science (Wilmington Office)
Verified November 3, 2026 · Source
Transferring Property in New Castle County
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 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.
New Castle County accepts electronic recording through CSC, Indecomm, ePN and Simplifile.
Recording Office Record
Recorder of Deeds
New Castle County
Phone
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
Website
Fax
1-302-395-7732
Recording fees
| Document fee (per document) | $37 |
| Each page | $15 |
| Tax Parcel Number FeeNot required for a TOD deed | $3 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
Del. Code tit. 9, § 9617; NCC Recorder of Deeds Fee Schedule (rev. 9/28/2026)
Document format requirements
- County rulea 2.5-inch top margin on the first page, 0.75-inch side margins
Verified October 16, 2026 · Source
Probate Attorneys Serving New Castle County
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, 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.
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.
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.
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.
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.
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.
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.
Legal Sources
(9)·
- 12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)
- 12 Del. C. §§ 1302, 1303, 1502, 1505 (Register of Wills proves the will and grants letters; proof taken without notice unless an interested person petitions the Court of Chancery)
- 12 Del. C. §§ 2101, 2102, 2103, 2104, 2105, 2109
- 12 Del. C. ch. 15 §§ 1501-1509 (grant of letters, oath); § 1505 (intestate priority & petition); subch. II §§ 1521-1524 (bond)
- Del. Code tit. 12, §§ 2510, 2511; Kent County Code § 128-46; Sussex County Code § 62-1; Kent County Register of Wills Fees Rev. 2.5.2026
- Del. Code tit. 9, § 9617; NCC Recorder of Deeds Fee Schedule (rev. 9/28/2026)
- New Castle County Register of Wills, official page
- New Castle County Recorder of Deeds, official page
- New Castle County vital records and death investigation offices, official page
Data sourced from Delaware statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Delaware
Free tools for settling an estate in Delaware: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Delaware.
How Do I Settle an Estate?
Settling an estate in Delaware: the personal representative files the estate inventory within 90 daysDel. Code tit. 12, §§ 1904, 1905, 1908, 1910Verified Sep 15, 2026View source of appointment; creditors have 8 months12 Del. C. §§ 2101, 2102, 2103, 2104, 2105, 2109Verified Oct 18, 2026View source to present claims; a simple estate closes in 9 months to 12 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Delaware happens outside court: the trustee acts under the state's trust statute12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Delaware has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is available12 Del. C. §§ 1302, 1303, 1502, 1505 (Register of Wills proves the will and grants letters; proof taken without notice unless an interested person petitions the Court of Chancery)Verified Sep 8, 2026View source.
Get the Answer
Hire a Delaware Probate Attorney
Browse vetted Delaware attorneys handling probate matters.
Browse firms
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.
