Can You Self-File Probate in New Castle County, Delaware?
Delaware has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is available12 Del. C. §§ 1302, 1303, 1502, 1505 (Register of Wills proves the will and grants letters; proof taken without notice unless an interested person petitions the Court of Chancery)Verified Sep 8, 2026View source. In New Castle County, the petition is filed at the New Castle County Register of Wills, which requires e-filing.
In principle, yes, but Delaware has no standardized statewide probate form, so the opening petition filed in New Castle County is drafted as a formal legal pleading. Most self-filers in this position work with an attorney; a qualifying small estate is simpler to handle. The estate settlement plan tracks each New Castle County filing step alongside the estate's accounts and deadlines.
File at the Register of Wills, 800 North French Street, 2nd Floor, Wilmington, DE 19801. Phone: 1-302-395-7800. Hours: Monday-Thursday 8:00 AM-noon and 1:00 PM-3:30 PM; Friday 8:00 AM-noon and 1:00 PM-3:00 PM.
New Castle County requires e-filing for probate matters. Every matter filed with the Register of Wills is e-filed through File & ServeXpress, and an e-filed document is signed with the filing attorney's Delaware Bar number. Estates are also opened in person at an appointment with the office. Filings are due by 11:59 PM Eastern, and the statutory fees are billed monthly with the File & ServeXpress charges.
The Delaware court filing fee is $30 - $2,005+ (based on estate value)Del. Code tit. 12, §§ 2510, 2511; Kent County Code § 128-46; Sussex County Code § 62-1; Kent County Register of Wills Fees Rev. 2.5.2026Verified Oct 17, 2026View source, and publication of the creditor notice is a separate cost set by the newspaper. The filing fee is a fraction of what probate costs with counsel: attorney fees are the largest line, and self-filing removes that line while court costs, publication and executor compensation stay the same.
A simple estate in Delaware typically takes 9 months to 12 months. The creditor claim period of 8 months12 Del. C. § 2102 (8 months from death for pre-death claims; 6 months for post-death claims)Verified Sep 8, 2026View source is the floor: final distribution waits for it to run. Self-filed probate takes the same time as attorney-filed probate; the court's calendar, not the filer, sets the pace.
Self-File Probate Assessment in Nearby Counties
- More Delaware counties: Kent County (Dover) · Sussex County (Georgetown)
Is this your situation?
Get a complete guide for your specific circumstances.
Forms for Settling an Estate in Delaware
Free forms for settling an estate in Delaware: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Delaware.
Renunciation of Executor
In Delaware, a person named as personal representative may renounce the right to serveKent County Register of Wills Forms Library (Renunciation Form, Rev. 9.11.2025); 12 Del. C. § 1502(b)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Delaware, the Distribution Without Lettersdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source covers estates with personal property of $50,000delcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source or less, 30 daysdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Delaware, the personal representative files the estate inventory within 90 daysDel. Code tit. 12, §§ 1904, 1905, 1908, 1910Verified Sep 15, 2026View source of appointment.
Estate Closing
In Delaware, the personal representative is discharged by court order12 Del. C. §§ 2302(d), 2303(a), 2335, 2338(a)Verified Sep 15, 2026View source, and a final accounting is required.
IRS Form 1310
Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Affidavit of Death
In Delaware, a surviving joint owner records the “Affidavit to the Register of Wills of Jointly Held Real PropertyNew Castle County Register of Wills, Affidavit to the Register of Wills of Jointly Held Real Property (Revised 1-1-19); 12 Del. C. § 1905(e)Verified Oct 26, 2026View source”; a transfer on death deed beneficiary records the “Affidavit to the Register of Wills, Real Property Transferred on Death by DeedKent County Register of Wills, Affidavit to the Register of Wills, Real Property Transferred on Death by Deed (Issued 12.2.2025); 25 Del. C. § 218(a)Verified Oct 26, 2026View source”.
Tools for Settling an Estate in Delaware
Free tools for settling an estate in Delaware: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Delaware.
How Much Can an Executor Charge?
Delaware pays executors reasonable compensation12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
How Do I Get Letters Testamentary?
In Delaware, the Register of Wills of the county issues Letters Testamentary or Letters of Administration once the Register of Wills appoints the personal representative; an informal (registrar) track is available12 Del. C. §§ 1302, 1303, 1502, 1505 (Register of Wills proves the will and grants letters; proof taken without notice unless an interested person petitions the Court of Chancery)Verified Sep 8, 2026View source.
What Are the Creditor Claim Deadlines?
In Delaware, creditors have 8 months12 Del. C. § 2102 (8 months from death for pre-death claims; 6 months for post-death claims)Verified Sep 8, 2026View source from the date of death to present claims; late claims are barred.
What Happens When an Estate Is Insolvent?
When an estate owes more than it holds, Delaware pays the claims in 1212 Del. C. § 2105Verified Sep 23, 2026View source classes in statutory order, beginning with surviving spouse’s allowance.
How Do I Claim a Deceased Person's Unclaimed Property?
In Delaware, a deceased owner's unclaimed property is claimed from the Delaware Department of Finance, Office of Unclaimed PropertyDel. Code tit. 12, ch. 11 (Escheats), subch. II (Unclaimed Property), §§ 1165-1167Verified Aug 24, 2026View source.
How Do I Open an Estate Account When Someone Dies?
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
What Social Security Survivor Benefits Can I Get?
Which Social Security survivor benefit a spouse, former spouse, child or parent can get, what share it pays, and the lump-sum death payment.
What Is the Estate's Personal Property Worth for Probate?
In Delaware, the personal representative lists the estate's personal property at its fair market value as of the date of deathDel. Code tit. 12, §§ 1904, 1905, 1908, 1910Verified Sep 15, 2026View source, on the inventory filed within 90 daysDel. Code tit. 12, §§ 1904, 1905, 1908, 1910Verified Sep 15, 2026View source of the appointment.
Your kids shouldn't have to do this.
Delaware Estate Settlement Resources
In-depth guides covering Delaware probate, estate administration, and settling an estate.