How Do I File Probate in Sussex 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 Sussex 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 Sussex 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 Sussex County Self-Filing Assessment.
Sussex 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 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.
Will must be filed within 10 days of learning about testator's death per Delaware law. Self-proved wills (with notarized affidavit page) bypass witness testimony requirements.
Inventory due within 3 months after granting of letters (estate opening date). Filing fee: $15.
Document Requirements
All original documentation must be submitted for review before appointment assignment. Documents may not be faxed or emailed in for filing.
Court Appearances
Appointments mandatory for: opening/closing probated estates, ancillary estates, and will deposits. Walk-ins welcome for other services but worked around scheduled appointments.
If will lacks self-proving documentation, two witnesses must come to office to take oath that they witnessed decedent sign will, or use handwriting experts/disinterested individuals.
Other Requirements
Short Certificates issued at estate opening, allowing Personal Representative to conduct business on estate's behalf.
Building locks at 4:00 PM daily. Office closes to public at 3:00 PM on last Monday of each month.
Delaware recognizes out-of-state wills if they comply with Delaware law, originating state's law, or law where maker was resident at execution or death.
In-Person Filing
The Register of Wills is located at 5 E. Pine St., Georgetown, DE 19947. Phone: 302-855-7875. 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).
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 Sussex 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. Sussex 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 Sussex 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
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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