How Do I Get Appointed as Executor in Delaware?

In Delaware, the Register of Wills appoints the personal representative and the Register of Wills of the county issues Letters Testamentary or Letters of Administration; an informal (registrar) track is available.

State

Document Type

Getting appointed in Delaware

Personal Representative (executor if testate, administrator if intestate)

The form that opens the estate

No statewide fill-in form

County-issued form

Where you file

What the court issues (with a will)

Letters Testamentary

issued by Register of Wills of the county

Letters are an output — they issue once you qualify, not something you fill in.

At a glance

UPC adoptedInformal trackE-filing (self-represented)Self-represented filingLocal/county forms

Estate openings are not e-filed: the original will and a certified death certificate are submitted to the county Register of Wills for review by a deputy, and the estate is opened at a scheduled in-person appointment. Delaware's three judiciary e-filing systems cover other courts and other case types — eFlex serves the Justice of the Peace Court, File & Serve Delaware serves the Court of Common Pleas, and File & ServeXpress serves the Supreme Court, Court of Chancery and Superior Court. Contested probate matters reaching the Court of Chancery therefore have an e-filing channel, but the Register-of-Wills estate opening itself does not.

Delaware has no statewide probate form set — the Delaware Courts forms library publishes no probate petition. Each county Register of Wills (New Castle, Kent, Sussex) publishes its own opening petition, its own § 2306 small-estate affidavit request form, its own case information sheet, and its own short-certificate request. The three petitions are near-identical in substance and all three are true fillable AcroForms: New Castle and Kent both number theirs "Form No. 1" (New Castle, listed on the county forms page as "Opening Petition Form," PDF titled "Form No. 1 – Petition for Authority to Act as Personal Representative," fillable/rev. 9-29-16, 82 AcroForm fields; Kent, listed as "Opening Petition," PDF titled "Form No. 1 – Petition to Act as Personal Representative," fillable/rev. 10.1.2025, 109 AcroForm fields), and Sussex publishes an unnumbered "Petition to Act as Personal Representative" (fillable, rev. 11/2025, 53 AcroForm fields). All request Letters Testamentary / of Administration / with-will-annexed / ancillary / successor via checkboxes. Kent's own Opening of Estate Checklist lists the Opening Petition (and Rule 190 and the nonresident power of attorney) under "Additional Documentation Required for Attorneys only" — a self-represented Kent filer is qualified by the deputy at the opening appointment rather than filing the petition themselves.

Bond

Required before Letters: No
Waivable by will: Yes
Waivable by beneficiaries: No

What to file with the petition

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)
Renunciation forms from any equal- or higher-priority persons who decline to serve (intestate; § 1505)
Bond only if required by the will or ordered by the Court of Chancery (not required by default; § 1522)
Irrevocable power of attorney filed with the Register if the representative is a nonresident (§ 1506)

Small-estate alternative

Bypasses full Letters: Yes
Form name: Small Estate Affidavit (12 Del. C. § 2306; county Register of Wills "Small Estate Affidavit Request Form")

State-specific notes

Probate is handled by the Register of Wills, a clerk of the Court of Chancery, with an office in each of the three counties. The county petition requests Letters Testamentary (executor), Letters of Administration (administrator), or the with-will-annexed / ancillary / successor variants via checkboxes. No filing deadline runs against the petitioner, but if no petition for administration is filed within 60 days of death the Register may grant letters to whomever the Register determines (§ 1505(d)). Bond is not required by default (§ 1522); it is required only where the will expressly requires it or the Court of Chancery orders it, and any person with an interest (or a creditor with a claim) in excess of $2,000 may demand bond from the Court (§ 1524). Small-estate collection under § 2306 bypasses letters where no personal-representative petition is pending or granted, 30 days have elapsed since death, the personal estate (excluding § 1901(b)/(c) property and jointly owned property) does not exceed $50,000, debts are paid or provided for, the spousal allowance (§ 2308) is satisfied, and the decedent owned no Delaware real estate solely or as tenant in common. Nonresident representatives must file an irrevocable power of attorney with the Register before letters issue (§ 1506). The § 2306 ceiling was $30,000 until 85 Del. Laws, c. 281 (HB 333) raised it to $50,000 on June 10, 2026; the New Castle Register administers the change by date of death ($30,000 for decedents who died before June 10, 2026, $50,000 on or after). Procedurally the estate is not opened by filing: a deputy reviews the original will, certified death certificate and supporting forms first, then schedules an in-person opening appointment at which the petition is sworn to and subscribed before the Register and Short Certificates issue.

General information about how a personal representative is appointed, not legal advice. Consult a licensed attorney for legal questions. Data verified Aug 24, 2026

In Delaware, you qualify in person before Register of Wills rather than filing a petition — you bring the original will and the required intake forms to an appointment with the clerk. Register of Wills of the county issues Letters Testamentary or Letters of Administration when the representative qualifies.

Along with the application, Delaware generally requires: 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). The court's own checklist runs longer for particular cases.

Delaware does not require a bond by default before Letters issue, though the court can order one.

Delaware permits a self-represented person to open an estate. The Delaware self-file probate assessment sets self-filing against attorney costs.

Yes. A revocable living trust passes its assets to the beneficiaries without a court appointment in Delaware: no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about fifteen minutes.

Getting Appointed in Delaware

In Delaware, a personal representative is appointed by the Register of Wills. Register of Wills of the county issues the Letters that prove authority over the estate — Letters Testamentary (with a will) or Letters of Administration (no will). Delaware has not adopted the Uniform Probate Code.

The estate is opened by qualifying before the Register of Wills with the required intake forms, not by filing a petition. The court filing fee runs $30 - $1,905+ (based on estate value), and Delaware offers an informal (registrar) appointment track for qualifying estates.

Delaware does not require a bond by default before Letters issue, though the court can order one where it is needed to protect creditors or heirs.

Estates under $50,000 in Delaware may qualify for a simplified procedure that avoids a full appointment entirely. The self-file probate assessment carries a Delaware cost comparison.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from Delaware statutes and official state code. How we research.

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