Overview
Kent County is located in Delaware with a population of approximately 192,690. The Register of Wills handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Delaware probate is governed by Title 12 of the Delaware Code. The process begins with filing a Petition for Probate to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Delaware offers a simplified Small Estate Affidavit procedure for estates valued at $30,000 or less (personal property only), provided the decedent did not own real estate solely in their name. There is a 30-day waiting period after death before this affidavit can be filed.
Probate fees in Kent County are generally calculated based on the value of the estate assets. An inventory fee (often a percentage of the estate value) is assessed when the inventory is filed.
This guide provides an informational overview of the Kent County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Register of Wills
Probate matters in Kent County are handled at the Kent County Administrative Complex.
Address: 555 Bay Road, 2nd Floor, Room 214, Dover, DE 19901
Phone: (302) 744-2330 (Register of Wills)
Walk-In Hours: Monday through Thursday, 8:30 AM to 4:00 PM; Friday, 8:30 AM to 3:30 PM
Phone Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Register of Wills is located within the county administrative complex on the second floor. It is recommended to call ahead to schedule an appointment for opening an estate.
Parking and Access
Free parking is generally available at the Kent County Administrative Complex. The building is accessible to the public during business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists of personal property valued at $30,000 or less and no solely-owned real estate, you may use a Small Estate Affidavit after 30 days.
- Joint Tenancy / Transfer on Death: Assets held jointly with rights of survivorship or with named beneficiaries pass outside of probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, you must typically schedule an appointment with the Register of Wills. Bring the following to file a Petition for Probate:
- Original Will and codicils (if any)
- Certified death certificate
- List of next of kin and beneficiaries (Form 2)
- Valid photo identification
- Filing fee (amount varies by estate value)
E-filing is generally not available for the initial opening of an estate; it is done in person.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Kent County (such as the Delaware State News) to notify creditors. The Register of Wills often facilitates this publication process.
Step 4: Attend the Hearing
The probate process in Delaware is largely administrative. If the petition and documents are in order, the Register of Wills grants Letters Testamentary or Letters of Administration without a formal court hearing in most uncontested cases.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 8 months to file claims)
- Inventory and appraise all estate assets within 3 months
- Pay valid creditor claims and taxes
- File a final accounting and petition for discharge after the estate is settled (typically after the 8-month claim period)
Local Requirements
Kent County-Specific Procedures
- Appointment Required: It is highly recommended to call (302) 744-2330 to schedule an appointment for opening an estate.
- Probate Packet: The Register of Wills provides a "Probate Packet" containing necessary forms and instructions.
- Inventory Fee: A fee based on the value of the probate assets is due when the inventory is filed (typically 3 months after opening).
- Publication: Notice must be published in a newspaper of general circulation in Kent County for three successive weeks.
Always check with the Register of Wills for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Kent County)
- Opening Costs: Varies based on estate value (typically starts around $10-$25 base + assessment)
- Inventory Fee: Calculated as a percentage of the estate value (e.g., 1.75% of personal estate value is common in DE, verify current rate)
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $35 - $150 (often facilitated by the Register of Wills)
- Closing Costs: approximately $30
Payment Methods
The court accepts cash, checks, and money orders only.
Estimated Timelines
- Simple estates (no disputes, limited assets): 8-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2 years
The 8-month creditor claim period sets the minimum duration for most formal probates in Delaware.
Local Resources
Kent County Court Resources
- Court Website: kentcountyde.gov
- Probate Self-Help: Register of Wills Forms
- Delaware Probate Forms: courts.delaware.gov
Legal Aid and Attorney Referrals
- Delaware State Bar Association: (302) 658-5279 — Lawyer Referral Service
- Community Legal Aid Society, Inc.: (302) 674-8500 — Legal aid for eligible residents
- DSBA Lawyer Referral: DSBA Lawyer Referral
Publication
- Delaware State News: (302) 741-8298 — General circulation newspaper
- Dover Post: (302) 734-7500 — Local newspaper