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
Delaware has no standardized statewide probate form, so the opening petition filed in New Castle County must be drafted as a formal legal pleading. Most self-filers in this situation work with an attorney, though qualifying small estates are 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 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).
You can technically file without a lawyer, but Delaware has no standardized statewide probate form — the opening petition must be drafted as a formal legal pleading.delcode.delaware.gov: 12 Del. C. § 2306 (small estate — distribution without letters), $50,000 personal estate for a death on or after 6/10/2026 and $30,000 before, 30-day wait, no Delaware real estate held solely or as tenants in common (85 Del. Laws, c. 281), § 2305 (commissions and attorneys' fees allowed as provided by rule of the Court of Chancery), § 2308 ($7,500 surviving spouse allowance), § 2101 (creditor notice posted within 40 days plus 3 newspaper insertions over 3 successive weeks; newspaper waivable at ≤$30K personal / ≤$35K total; 77 Del. Laws, c. 229), § 2102 (pre-death claims barred unless presented within 8 months of death; 6 months for post-death claims; 81 Del. Laws, c. 150), §§ 1521-1524 (no bond unless the will requires it or the Court of Chancery orders it; amount fixed by the Register of Wills; demand by an interested party with more than $2,000 at stake), §§ 1302, 1303, 1502, 1505 (the Register of Wills proves the will and grants letters; proof taken without notice unless an interested person petitions the Court of Chancery), §§ 1904, 1905 (the personal representative values each inventory item at date-of-death fair market value; appraisers permissive), § 2301(a) (annual account to the Court of Chancery until a final account is passed), § 2510 (each county's governing body sets Register of Wills fees). Del. Ct. Ch. R. 192 (commissions and attorney fees allowed in a reasonable amount). County Register of Wills fee schedules: New Castle (letters by personal-property value from $25; closing cost 1.75% plus 0.25% technology fee on the net personal estate; approved newspaper rates $25.25-$414.70), Kent (Rev. 2.5.2026; letters from $25; 1.75% of net personal estate), Sussex (letters from $25; 1.25% of net). Full fetch log, quotes and per-pass corrections are in this file's comments.Verified Sep 8, 2026 Most people in this situation work with an attorney, though small-estate procedures remain simpler to handle independently.
Court filing fees in Delaware vary by county.delcode.delaware.gov: 12 Del. C. § 2306 (small estate — distribution without letters), $50,000 personal estate for a death on or after 6/10/2026 and $30,000 before, 30-day wait, no Delaware real estate held solely or as tenants in common (85 Del. Laws, c. 281), § 2305 (commissions and attorneys' fees allowed as provided by rule of the Court of Chancery), § 2308 ($7,500 surviving spouse allowance), § 2101 (creditor notice posted within 40 days plus 3 newspaper insertions over 3 successive weeks; newspaper waivable at ≤$30K personal / ≤$35K total; 77 Del. Laws, c. 229), § 2102 (pre-death claims barred unless presented within 8 months of death; 6 months for post-death claims; 81 Del. Laws, c. 150), §§ 1521-1524 (no bond unless the will requires it or the Court of Chancery orders it; amount fixed by the Register of Wills; demand by an interested party with more than $2,000 at stake), §§ 1302, 1303, 1502, 1505 (the Register of Wills proves the will and grants letters; proof taken without notice unless an interested person petitions the Court of Chancery), §§ 1904, 1905 (the personal representative values each inventory item at date-of-death fair market value; appraisers permissive), § 2301(a) (annual account to the Court of Chancery until a final account is passed), § 2510 (each county's governing body sets Register of Wills fees). Del. Ct. Ch. R. 192 (commissions and attorney fees allowed in a reasonable amount). County Register of Wills fee schedules: New Castle (letters by personal-property value from $25; closing cost 1.75% plus 0.25% technology fee on the net personal estate; approved newspaper rates $25.25-$414.70), Kent (Rev. 2.5.2026; letters from $25; 1.75% of net personal estate), Sussex (letters from $25; 1.25% of net). Full fetch log, quotes and per-pass corrections are in this file's comments.Verified Sep 8, 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.
Sources
Data sourced from Register of Wills primary sources (10 pages reviewed). How we research.
Self-File Probate Assessment in Nearby Counties
- More Delaware counties: Kent County (Dover) · Sussex County (Georgetown)
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