New Castle County
Probate Court
In Delaware, estates are probated in the Court of Chancery / Register of Wills. This page gathers where to file in New Castle County, the state rules that apply, and where every detail comes from.
located via OpenStreetMap
Where to file in New Castle County
- Handled by
- Court of Chancery / Register of WillsIn Delaware, the Register of Wills in each of the 3 counties (New Castle, Kent, Sussex) conducts the probate of wills and appoints personal representatives, under the supervisory jurisdiction of the Delaware Court of Chancery.
- Probate office
- New Castle County Register of Wills 800 N French St, Second Floor, Wilmington, DE 19801 (302) 395-7800 Checked on the court's website, Sept 2026 · newcastlede.gov
- County building
- New Castle County Courthouse In Wilmington, DE — street address not tagged in OpenStreetMap. OpenStreetMap · view the map entry
- Phone
- (302) 395-7800court website
- Opening hours
- Not published in an open source. Check the court or county website before you go.
- County website
- newcastlede.govcounty website
- Court website
- newcastlede.gov/152/Register-of-Wills
- State courts & e-filing
- courts.delaware.govCase search: Delaware Courts CourtConnect Register of Wills Portal
How probate runs in New Castle County
Six stages, with the Delaware rules that set the pace.
- 01
Secure the original will
Find the original signed will and order certified death certificates. Delaware deadline: Custodian must deliver will to Register of Wills within 10 days of receiving information of death (12 Del. C. § 1301).
- 02
Pick the right track
If the probate estate is under $50,000, a small-estate procedure (12 Del. C. § 2306) may avoid full administration.
- 03
Petition the court
File the petition with the Court of Chancery / Register of Wills for New Castle County. The court appoints the executor or administrator and issues letters.
- 04
Inventory the estate
Open an estate bank account (the IRS issues the EIN), list assets at date-of-death values and file the inventory if the court requires it.
- 05
Notify creditors
Publish or send notice to creditors. Window: 8 months from date of death, or within 6 months of publication of letters.
- 06
Account and distribute
Pay debts, taxes and fees (12 Del. C. § 2305 & Court Chancery Rule 192), file the final account if required, distribute to heirs and ask to close the estate.
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 Delaware courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
Delaware rules that apply here
Probate law is state law — these apply in all 3 Delaware counties.
- Small estates
- $50,000 personal property (excluding jointly owned property); not available if decedent owned Delaware real estate solely or as tenant in common12 Del. C. § 2306 · wait 30 days
- Filing the will
- Custodian must deliver will to Register of Wills within 10 days of receiving information of death (12 Del. C. § 1301)
- Creditor claims
- 8 months from date of death, or within 6 months of publication of letters12 Del. C. § 2102
- Executor fees
- Reasonable commission approved by the Register of Wills and Court of Chancery; Court Chancery Rule 192 schedule provides guidance (~2% to 5%)12 Del. C. § 2305 & Court Chancery Rule 192 · estimate the fee
- Handwritten wills
- Not recognized without witnesses. Delaware does NOT recognize unwitnessed holographic wills. All wills must be witnessed by 2 credible witnesses.
- Estate tax
- No state estate tax.Delaware estate tax was repealed effective January 1, 2018.
- Inheritance tax
- No.No inheritance tax in Delaware.
- Typical duration
- 9 to 14 monthsA lawyer is not required by statute, though most formal estates use one.
Rules re-checked Sept 2026 against: delcode.delaware.gov (statute) · law.justia.com (statute)