How Much Does Probate Cost in Sussex County, Delaware?
Understanding what probate costs before you start helps you plan and avoid surprises. Here's what families in Sussex County can expect.
What probate costs in Sussex 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 5 E. Pine St., Georgetown.
Local procedures at this court: E-filing mandatory since July 1, 2015 for all matters filed in Register of Wills office. Use File & ServeXpress system. Filing fee: $6.90 per transaction; online delivery: $9.20 per transaction; Appointments mandatory for: opening/closing probated estates, ancillary estates, and will deposits. Walk-ins welcome for other services but worked around scheduled appointments; All original documentation must be submitted for review before appointment assignment. Documents may not be faxed or emailed in for filing. These are county-specific and not posted on the statewide court site.
The Register of Wills charges $30 - $1,905+ (based on estate value)Del. Code tit. 12, § 2510Verified May 7, 2026 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%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.
Executor compensation runs 2%12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)Verified May 7, 2026 to 4%12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)Verified May 7, 2026 of estate value, based on reasonable pay for time and effort. 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 monthsdelcode.delaware.gov: 12 Del. C. § 2305Verified May 7, 2026 to 18 monthsdelcode.delaware.gov: 12 Del. C. § 2305Verified May 7, 2026, and costs accrue throughout. The 8 months12 Del. C. § 2102 (8 months from death for pre-death claims; 6 months for post-death claims)Verified May 7, 2026 creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
Legal Sources
- 12 Del. C. § 2102 (8 months from death for pre-death claims; 6 months for post-death claims)
- 12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)
- 12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)
- Del. Code tit. 12, § 2510
- delcode.delaware.gov: 12 Del. C. § 2305
Data sourced from Delaware statutes and official state code. How we research.
Frequently Asked Questions
Total probate costs usually run 3–8% of the estate value. For Sussex County, that means filing fees (about $80 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
The petition to open probate costs about $80 in Sussex County. Additional filings during administration (inventory, accounting, final petition) can add to the total. The calculator above shows the full picture.
Delaware uses "reasonable fees" — usually hourly billing or a percentage of the estate. Typical range is 2%–4% of estate value, negotiable based on complexity.
Delaware allows "reasonable" executor compensation, typically 1–5% of estate value depending on complexity. Family executors often waive fees because the fee is taxable income while an inheritance is not.
Yes. Delaware estates under $30,000 can use a Distribution Without Letters and avoid most probate costs. Check the Delaware self-filing assessment to see if this applies.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Sussex County probate.
Sussex County Payment Requirements
This county has specific payment deadlines and requirements. Missing these can delay your filing.
Payment & Fees
Inheritance/estate tax affidavit (if applicable) due 9 months from death. Filing fee: $10.
Accounting Requirements
Accounting due within 1 year after granting of letters. Closing costs: 1.25% of net personal estate plus $20 (collected at opening) for recording/indexing, and $5 per release.
Register of Wills
Sussex County
5 E. Pine St.
Georgetown, DE 19947
Phone:
302-855-7875Fax:
302-853-5871
Hours:
Monday - Friday, 8:30 AM - 4:30 PM (Closes to public at 3:00 PM on last Monday of month; building locks at 4:00 PM)
Paper Filing Available
E-Filing Optional
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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