Overview
New Castle County is located in Delaware with a population of approximately 575,000. 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 Authority to Act as Personal Representative (Form 1) 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 procedure for small estates. If the decedent's personal property is valued at $30,000 or less and they owned no real estate solely in their name, a Small Estate Affidavit may be used to transfer assets without full probate.
Probate fees in Delaware are generally calculated based on the value of the estate. New Castle County mandates electronic filing for most probate documents through the File & Serve Delaware system.
This guide provides an informational overview of the New Castle 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 New Castle County are handled at the New Castle County Government Center.
Address: 800 N. French St., Second Floor, Wilmington, DE 19801
Phone: (302) 395-7800 (Register of Wills)
Hours: Monday–Thursday, 8:00 AM to 3:30 PM; Friday, 8:00 AM to 3:00 PM. Closed daily for lunch from noon to 1:00 PM. Phone available 8:00 AM to 4:00 PM.
The Register of Wills office is located on the second floor of the Louis L. Redding City/County Building. This office, led by Register of Wills Ciro Poppiti III, assists with the administrative probate process, while the Court of Chancery handles contested matters.
Parking and Access
Parking is available at the Government Center Garage (800 N. French St) and the Customs House/Courthouse Square Garage (700 N. King St). Metered street parking is also available in downtown Wilmington and is typically free after 6:00 PM and on weekends. Security screening is required upon entering the building.
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.
- Joint Tenancy: Assets held in joint tenancy with right of survivorship pass directly to the surviving owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Authority to Act as Personal Representative (Form 1) with the Register of Wills. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Petition for Authority to Act as Personal Representative (Form 1)
- List of Interested Parties (Form 2)
- Filing fee (based on estate value)
Note: New Castle County requires mandatory e-filing for most documents via File & Serve Delaware.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all beneficiaries and next of kin.
- Publish notice in a newspaper of general circulation in New Castle County (such as The News Journal or The Weekly) at least once a week for three successive weeks.
Step 4: Attend the Hearing
The Register of Wills typically processes the petition administratively. If the petition is in order, the Register will grant Letters Testamentary (if there is a will) or Letters of Administration (if there is no will).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and Appraise: File an Inventory (Form 600 RW) within 3 months of the granting of letters.
- Notify Creditors: The creditor claim period is 8 months from the date of death.
- Pay Debts: Pay valid creditor claims and estate expenses.
- File Tax Returns: File final personal income tax and estate tax returns if applicable.
- Distribute Assets: Distribute remaining assets to beneficiaries.
- Close the Estate: File a final accounting and petition for discharge after the estate is fully administered (typically 1 year after opening).
Local Requirements
New Castle County-Specific Procedures
- E-filing: New Castle County mandates the use of File & Serve Delaware for filing probate documents.
- Bond Requirements: A personal representative may be required to post a bond, especially in intestate estates, unless waived by the will or the court.
- Publication: Notice of the estate's opening must be published in a local newspaper like The News Journal or The Weekly.
- Inventory: The inventory must list all probate assets and their fair market value at the time of death.
Consult the Register of Wills website for the most current local rules and e-filing instructions.
Timeline & Fees
Filing Fees (New Castle County)
- Opening an Estate: Fees are calculated based on the value of the estate (e.g., a percentage or tiered fee structure).
- Deposit of Will: $10.00 (for safekeeping before death)
- Witness Oath: $5.00 per witness
- Certified Copies: Approximately $10.00 - $20.00 depending on the document
- Publication costs: Approximately $150 - $300 depending on the newspaper
Payment Methods
The Register of Wills accepts cash, checks, money orders, and credit cards (Visa, MasterCard, Discover). E-filing fees are paid through the online system.
Estimated Timelines
- Simple estates: 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in Delaware is 8 months from the date of death, which sets a minimum duration for most estates.
Local Resources
New Castle County Court Resources
- Register of Wills Website: newcastlede.gov/152/Register-of-Wills
- Delaware Courts Self-Help: courts.delaware.gov/help
- Probate Forms: courts.delaware.gov/forms
Legal Aid and Attorney Referrals
- Delaware State Bar Association: (302) 658-5278 — Lawyer Referral Service
- Community Legal Aid Society, Inc. (CLASI): (302) 575-0660 — Legal aid for qualifying residents
- Delaware Legal Help Link: delegalhelplink.org
Publication
- The News Journal: (302) 324-2500 — Major daily newspaper
- The Weekly: (302) 328-6005 — Local weekly newspaper