Delaware Probate Court

Probate is the legal method for administering a person's estate after they die. In Delaware, the Register of Wills in each county assumes responsibility for overseeing probate. For smaller estates, the process is simple, and the Register deals with little or no court supervision. Larger or contested estates will engage formal court procedures. To understand the process of probate in the state, a person must learn about the structure of courts overseeing probate on the county level.

How the Probate Process Works in Delaware

In Delaware, the probate process starts with filing the necessary documents with the Register of Wills Office in the county where the decedent lived. These documents can be filed by the executor named in the deceased’s will or an interested party if no will exists. The Register of Wills verifies the will and issues Letters Testamentary (for executors) or Letters of Administration (for administrators).

Delaware law generally requires probate for estates over $30,000 or those holding real property. The duration it takes to settle an estate varies by estate size, value, and whether the case is contested or not. Simple estates may be settled within months, while larger or contested cases can last a year or more.

What Are the Costs of Probate in Delaware?

In Delaware, the fees for probate court are set by the Register of Wills in the chancery court located in each of the state's three counties. The value of the estate affects the filing fees, and the inventory fees depend on the total assets of the estate. Settling a small estate might only cost a few hundred dollars. On the other hand, larger estates can lead to legal and administrative costs that reach into the thousands. Although personal representatives can get reimbursed for reasonable expenses, attorneys typically charge either by the hour or a flat fee.

Types of Probate Cases in Delaware

Delaware recognizes several types of probate. Here are some of them:

• Testate Probate: Testate probate is used when the deceased leaves a will.
• Intestate Probate: Intestate probate is used when no will exists. The process allows the court to distribute estates following Delaware intestacy law.
• Small Estate Procedures: This process is required when the estate is valued at $30,000 or less and no real estate is involved.
• Formal Probate: This process is ideal for larger estates or those involving disputes.

Delaware Probate Court Forms and Filing Instructions

Delaware probate court forms can be obtained in person from the office of the Register of Wills in each county. Alternatively, they are usually available for download on the county websites. Common forms include petitions for probate, an affidavit for small estates, and inventories. Petitioners are advised to verify probate requirements directly from their county office, as instructions may differ slightly.

How Delaware Probate Courts Work at the County Level

In Delaware, the Register of Wills Office within the county court system oversees all probate matters. Although statewide statutes apply, each county manages its filings, deadlines, and procedures.

• New Castle County Register of Wills (Wilmington) – This office is the county's probate office. It handles the state’s largest probate caseload annually and assists the public with the necessary documents to transfer the assets of a deceased person.
• Kent County Register of Wills (Dover) – Kent County Register of Wills oversees the administration of estates by providing clear filing guidelines and accessible resources for small estates. The office maintains all estate matters as permanent records.
• Sussex County Register of Wills (Georgetown) – Sussex County Register of Wills office oversees the administration of both urban and rural estates.

How to Search Probate Records in Delaware

Probate records are open records available for viewing and inspection. These records include, but are not limited to, wills, executor information, creditor claims, inventories, and final distributions. Interested persons can search records in person at the county Register of Wills offices. Counties like New Castle also provide searchable online case databases. However, certified copies of records can only be obtained directly from the Register of Wills office for a modest fee.