Overview
Sussex County is located in Delaware with a population of approximately 271,134. The Sussex County 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 procedure for small estates. If the decedent's personal property is valued at $30,000 or less (and they did not own real estate solely in their name), a Small Estate Affidavit may be used to transfer assets without full probate administration.
Note that Sussex County charges a closing fee of 1.25% of the net personal estate value, which is a significant part of the probate cost structure in Delaware.
This guide provides an informational overview of the Sussex 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
Sussex County Register of Wills
Probate matters in Sussex County are handled at the Sussex County Register of Wills.
Address: 5 E Pine St, Georgetown, DE 19947 (Mailing: P.O. Box 743, Georgetown, DE 19947)
Phone: (302) 855-7875
Hours: Monday through Friday, 8:30 AM to 4:30 PM (building locks at 4:00 PM daily; office closes to the public at 3:00 PM on the last Monday of each month)
The Register of Wills is located in the Sussex County Courthouse Annex in Georgetown. The office is responsible for the efficient administration of all estates being probated in the county.
Parking and Access
Public parking is available near the courthouse in Georgetown. Visitors should be prepared for security screening 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 be able to use a Small Estate Affidavit after a 30-day waiting period.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically 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 Probate with the Sussex County Register of Wills. You will typically need to schedule an appointment. Bring:
- Original Last Will and Testament (if any)
- Certified death certificate
- Petition for Grant of Letters
- List of next of kin and beneficiaries
- Filing fee (checks/cash/credit cards accepted)
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 Sussex County (such as the Cape Gazette or Coastal Point) to alert creditors. The Register of Wills office often assists with coordinating this publication.
Step 4: Inventory and Appraisal
Within three months of the granting of letters, the personal representative must file an Inventory of the estate's assets with the Register of Wills. This lists all real and personal property owned by the decedent.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Open an estate bank account
- Pay valid creditor claims (creditors have 8 months to file claims in Delaware)
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Accounting and pay the closing fee (1.25% of net personal estate) to close the estate.
Local Requirements
Sussex County-Specific Procedures
- Closing Fee: Sussex County assesses a fee of 1.25% of the net personal estate value upon closing.
- Probate Packet: The county provides a comprehensive "Probate Packet" with instructions and forms for personal representatives.
- Appointment Required: It is highly recommended to call (302) 855-7875 to schedule an appointment before visiting the office to open an estate.
- Publication: Notice must be published in a newspaper of general circulation in Sussex County.
The Register of Wills staff can provide procedural assistance but cannot give legal advice.
Timeline & Fees
Filing Fees (Sussex County)
- Opening Costs: Approximately $10–$25 base fee plus per-page recording fees (e.g., $2.00 per page for the Will).
- Closing Fee: 1.25% of the net personal estate value.
- Short Certificates: Approximately $3.00–$5.00 each.
- Publication costs: Varies by newspaper, typically arranged through the Register of Wills.
Payment Methods
The court accepts cash, checks, and credit cards.
Estimated Timelines
- Simple estates: 8-12 months (Delaware has an 8-month creditor claim period).
- Average estates: 12-18 months.
- Complex or contested estates: 18 months to 2+ years.
The estate cannot be closed until the 8-month creditor claim period has expired and all debts/taxes are settled.
Local Resources
Sussex County Court Resources
- Court Website: sussexcountyde.gov/register-wills
- Probate Packet: Sussex County Probate Forms
- Delaware Courts Help: courts.delaware.gov
Legal Aid and Attorney Referrals
- Delaware State Bar Association: (302) 658-5278 — Lawyer Referral Service
- Community Legal Aid Society, Inc. (CLASI): (302) 856-0038 — Legal aid for qualifying residents
- Delaware Legal Help Link: delegalhelplink.org
Publication
- Cape Gazette: (302) 645-7700 — Newspaper of general circulation
- Coastal Point: (302) 539-1788 — Newspaper of general circulation