What to Do When Someone Dies in Sussex County, Delaware

E-filing through File & ServeXpress is mandatory for all Sussex County Register of Wills matters, effective July 1, 2015, under the Court of Chancery's standard e-filing practices and procedures.

An estate must be opened if the decedent had more than $50,000 in personal property in his or her name alone (deaths on or after June 10, 2026; $30,000 for earlier deaths), had an interest in real estate in his or her name alone, or had no next of kin. Below the threshold with no solely owned real estate, the qualified next of kin obtains a Small Estate Affidavit at the office.

Any person in possession of an original document that might be a will must deliver it to the Register of Wills within 10 days after receiving notice of the death. A self-proved will (with the notarized affidavit page signed by the maker and both witnesses) is admitted without the witnesses appearing.

The Inventory (Form 600 RW) is due within three months after the granting of letters; its $15.00 fee is collected at the opening. It must be complete, signed before a notary, and submitted by 3:30 PM on the due date, by mail or at the front desk. The Inventory also passes real property in Sussex County, so keep a copy. Extensions of up to 6 months from the original due date may be granted on the extension form at the Chief Deputy's discretion.

Have the original will and a certified copy of the death certificate on hand when you call. All original documentation is submitted to the office for review before an appointment is assigned. Documents may not be faxed or emailed in for filing.

Appointments are required for opening and closing probated estates, ancillary estates, and will deposits, and strongly recommended for all other services. Walk-ins are welcome but worked around scheduled appointments.

If the will is not self-proved, the two witnesses come to the office to take an oath that they saw the decedent sign; if they are deceased or unavailable, two people familiar with the witnesses' handwriting may swear to the signatures, or two disinterested individuals may prove the decedent's signature.

Estate searches cannot be done by emailing the office: use the Estate Search Request Form ($5.00 per estate, one check per estate). Copies of a will, inventory, claim or other filed document are requested on the Document Request Form ($1.00 per page).

Short Certificates are issued at the opening appointment and let the personal representative conduct business for the estate. Additional or updated ones cost $3.00 each, are valid for 60 days from issuance, and are available at the office or by mail with the request form and a self-addressed stamped envelope, while the estate is in good standing.

The building locks at 4:00 PM daily. The office closes to the public at 3:00 PM on the last Monday of each month.

Will safekeeping (since October 15, 2019): an original will is deposited for a $10.00 fee and held until the testator's death. Examining it costs $2.00; adding a codicil or amending the memorandum costs $5.00. Withdrawal requires proper ID and the original receipt; only the maker or a written designee (signed by the maker and witnessed by two others) may withdraw it. Deposited wills are not public record.

Delaware recognizes a will signed in another state if it was executed in compliance with Delaware law, with the law of the state where it was executed, or with the law of the state where the maker was a legal resident at execution or at death.