Delaware has no single statewide fill-in petition; the opening document is prepared to statute and filed with the Register of Wills (a clerk of the Court of Chancery), in the county of the decedent's domicile. After the court grants the petition, Register of Wills of the county (New Castle, Kent, or Sussex), after the will is proved / petition is granted; contested matters go to the Court of Chancery issues your Letters Testamentary (with a will) or Letters of Administration (without a will).
Along with the petition, Delaware generally requires: Original will and any codicils (proved before the Register of Wills); Certified copy of the death certificate; Completed county Petition to Act as Personal Representative (sworn before the Register); 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).
Delaware does not require a bond by default before Letters issue, though the court can order one.
Delaware permits self-represented filers to open an estate. The Self-File Probate Assessment compares self-filing and attorney costs for Delaware.
Yes. A revocable living trust passes assets to beneficiaries without any court appointment in Delaware — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.
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Getting Appointed in Delaware12 Del. C. ch. 15 §§ 1501-1509 (grant of letters, oath); § 1505 (intestate priority & petition); subch. II §§ 1521-1524 (bond)Verified Jul 15, 2026View source
Personal Representative (executor if testate, administrator if intestate)
Where you file
Register of Wills (a clerk of the Court of Chancery), in the county of the decedent's domicile
The form that opens the estate
No statewide fill-in form · County-issued form
What the court issues (with a will)
Letters Testamentaryissued by Register of Wills of the county (New Castle, Kent, or Sussex), after the will is proved / petition is granted; contested matters go to the Court of Chancery
Letters are an output — the court issues them after granting the petition.
At a glance
UPC adoptedInformal trackE-filingSelf-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, typically at a scheduled in-person appointment. Delaware's eFlex electronic filing system covers other Delaware courts (e.g. Court of Common Pleas, Justice of the Peace), not Register-of-Wills estate openings.
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, and its own short-certificate request. The three petitions are near-identical in substance: New Castle and Kent number theirs "Form No. 1" (New Castle: "Petition for Authority to Act as Personal Representative," fillable AcroForm PDF; Kent: "Petition to Act as Personal Representative," rev. 12/19/13), and Sussex publishes "Petition to Act as Personal Representative" (fillable, rev. 11/2025). All request Letters Testamentary / of Administration / with-will-annexed / ancillary / successor via checkboxes.
Bond12 Del. C. §§ 1521-1524Verified Jul 15, 2026View source
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
Completed county Petition to Act as Personal Representative (sworn before the Register)
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).
A revocable living trust passes assets to your family without this court appointment process — no petition, no Letters, no bond.
This tool provides general information about how a personal representative is appointed and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.Data verified 2026-07-15
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