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Home→Tools→Self-File Probate Assessment→Delaware→New Castle County

Can You Self-File Probate in New Castle County, Delaware?

Find out if you can handle probate yourself, see estimated cost savings vs. hiring an attorney, and get a step-by-step filing checklist.

Frequently Asked Questions

Yes. Self-filing in New Castle County works best for straightforward estates with a clear will and few beneficiaries.

File at the Register of Wills, 800 N. French St., Second Floor, Wilmington, DE 19801. Phone: 302-395-7800. Hours: Walk-in: Monday - Thursday, 8:00 AM - 3:30 PM; Friday, 8:00 AM - 3:00 PM. Phone: Monday - Friday, 8:00 AM - 4:00 PM. Closed daily 12:00 PM - 1:00 PM.

New Castle County requires e-filing for probate matters. E-filing mandatory since December 1, 2012. All matters filed via File & ServeXpress (formerly LexisNexis File & Serve).

New Castle County doesn't have a dedicated probate self-help center, so self-filers should confirm local procedures with the court clerk.

Yes, you can file probate without a lawyer in Delaware, though the process may require more effort depending on estate complexity.delcode.delaware.gov: 12 Del. C. § 2305 (commissions & attorney fees per Court of Chancery rules), § 2306 (distribution without letters / small estate $30K, 30-day wait, no DE real estate), § 2308 (surviving spouse $7,500 allowance), § 2101 (creditor notice within 40 days; 3 newspaper insertions over 3 successive weeks; waivable for ≤$30K personal/≤$35K total), § 2102 (creditor claims 8-month bar from death for pre-death; 6-month bar for post-death), § 1521 (bond filing), § 1522 (bond not required by default), § 1523 (bond amount = best estimate of personal estate), § 1524 (demand for bond by interested party with >$2,000 stake), § 2510 (county-set filing fees). County closing-cost percentages re-confirmed against current published schedules: New Castle 1.75% + 0.25% tech fee (newcastlede.gov fee schedule); Kent 1.75% (kentcountyde.gov, rev. 4/3/2025); Sussex 1.25% (sussexcountyde.gov Form SC30). Verified 2026-05-07.Verified May 7, 2026 Many Delaware courts offer self-help resources and standardized forms.

Court filing fees in Delaware vary by county.delcode.delaware.gov: 12 Del. C. § 2305 (commissions & attorney fees per Court of Chancery rules), § 2306 (distribution without letters / small estate $30K, 30-day wait, no DE real estate), § 2308 (surviving spouse $7,500 allowance), § 2101 (creditor notice within 40 days; 3 newspaper insertions over 3 successive weeks; waivable for ≤$30K personal/≤$35K total), § 2102 (creditor claims 8-month bar from death for pre-death; 6-month bar for post-death), § 1521 (bond filing), § 1522 (bond not required by default), § 1523 (bond amount = best estimate of personal estate), § 1524 (demand for bond by interested party with >$2,000 stake), § 2510 (county-set filing fees). County closing-cost percentages re-confirmed against current published schedules: New Castle 1.75% + 0.25% tech fee (newcastlede.gov fee schedule); Kent 1.75% (kentcountyde.gov, rev. 4/3/2025); Sussex 1.25% (sussexcountyde.gov Form SC30). Verified 2026-05-07.Verified May 7, 2026 Self-filing costs typically include the court petition fee, publication costs. The filing fee is a fraction of total probate costs. See a full breakdown with the Delaware probate calculator.

Can You Self-File Probate in New Castle County, Delaware?

Self-filing probate in New Castle County means working directly with the Register of Wills. This tool evaluates whether self-filing is feasible for your estate.

Probate filings for New Castle County go through the Register of Wills at 800 N. French St., Second Floor, Wilmington, DE 19801. Phone: 302-395-7800. Email: wills@nccde.org.

New Castle County requires e-filing for probate proceedings. E-filing mandatory since December 1, 2012. All matters filed via File & ServeXpress (formerly LexisNexis File & Serve).

New Castle County doesn't have a dedicated probate self-help center, so confirm forms, copies, and appointment requirements with the court clerk.

E-filing mandatory since December 1, 2012 for all matters filed in Register of Wills office. Use File & ServeXpress system. Filing fee: $6.00 per transaction; online delivery service: $8.00 per transaction. Original will (not copy) must be filed within 10 days of death notice. Legal duty of any person in possession of document that might be a will.

For smaller estates under $30,000, Delaware offers Distribution Without Letters that can avoid formal probate entirely.

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Delaware Estate Planning Resources

In-depth guides covering Delaware probate laws, trust requirements, and estate planning strategies.

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