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Kent County, DE Probate Information
Quick facts
| Topic | Kent County details |
|---|---|
| Office | Kent County Register of Wills Office, acting in the Court of Chancery system under 12 Del. C. § 2501 |
| Address | Kent County Levy Court Administrative Complex, 555 Bay Road, 2nd Floor, Room 214, Dover, DE 19901 |
| Mailing | Same street address |
| Phone | (302) 744-2330, Monday through Friday, 8:00 a.m. to 5:00 p.m. |
| [email protected] | |
| Walk-in hours | Monday through Thursday, 8:30 a.m. to 4:00 p.m.; Friday, 8:30 a.m. to 3:30 p.m. These walk-in hours took effect March 3, 2025. |
| Appointments | Appointments are necessary to open and close an estate. The office reviews the paperwork first, then contacts you to schedule. |
| Opening cost | Granting letters starts at $25.00 for a personal estate of $1.00 to $29,999.00, and rises with the value of the personal estate. Kent County Register of Wills schedule of fees, Rev. 2.5.2026; county fees are set under 12 Del. C. § 2510. |
| Closing cost | 1.75% of the net personal estate, not including real estate unless directed to be sold, due at closing. Kent County Register of Wills schedule of fees, Rev. 2.5.2026; 12 Del. C. § 2510. |
| Forms | Kent publishes a Register of Wills Forms Library, including the Case Information Sheet, Opening of Estate Checklist, renunciation, inventory and appraisal forms under 12 Del. C. § 1905, accounting forms under 12 Del. C. § 2301, and small estate affidavit forms under 12 Del. C. § 2306. |
| Online filing | The Kent County Register of Wills Office does not list an e-filing portal for opening an estate. Use the office's mail-in or in-person paperwork process. |
| Estate lookup | Kent County Probate Search System at https://willssearch.kentcountyde.gov. The office says the search identifies that a file exists and does not say whether a file was opened for probate or non-probate purposes. |
| Video or phone attendance | The office contacts you to schedule the appointment by phone after a Deputy reviews your paperwork, and estate openings and small estate affidavits under 12 Del. C. § 2306 can be handled by mail. Call the Register of Wills Office before assuming travel is required. |
| Website | https://www.kentcountyde.gov/Residents/Wills-Estates |
Before you begin — know the assets and liabilities
Know what the decedent owned before you go to Dover. In Kent County, that number affects estate settlement in two ways: whether a small estate affidavit under 12 Del. C. § 2306 may be enough, and, if a full estate must be opened, which granting-letters bracket applies under the Kent County Register of Wills schedule of fees, Rev. 2.5.2026 and 12 Del. C. § 2510. Kent's own opening list asks for the estimated value of solely owned assets and solely owned real estate as of the date of death.
Liabilities matter too. Creditors have eight months from the date of death under 12 Del. C. § 2102, Kent charges $30.00 to file a Statement of Claim under 12 Del. C. § 2104, Rev. 2.5.2026, and the office will not schedule closing if a claim rejection has not been on file for more than 3 months. Sunset's 2,300-institution asset discovery helps families find accounts before estate settlement choices are made.
Which court handles jurisdiction
The Kent County Register of Wills Office in Dover is the filing counter for estates of people domiciled in Kent County at death. Kent's FAQ says the office has records for people who were domiciled in Kent County at the time of death, and Delaware's venue rule sends a will to the Register of Wills of the county where the testator was domiciled at death (12 Del. C. § 1302(a)); letters of administration are granted by that county's Register under 12 Del. C. § 1504(a).
Kent County is Delaware's central county. The county's own cities and towns page names Dover, Harrington, Milford, Bowers Beach, Camden, Cheswold, Clayton, Farmington, Felton, Frederica and Smyrna among its municipalities. If a Kent County decedent owned Delaware real estate in another county, a copy of the inventory and appraisal must also be filed with the Register of Wills of any other Delaware county where the decedent owned real estate (12 Del. C. § 1905(a)).
Routine openings stay at 555 Bay Road. Contested and judicial estate matters go to the Court of Chancery under Court of Chancery Rule 207; in Kent County, that court sits separately at 414 Federal Street, Dover, DE 19901.
The jurisdiction process
- List the assets and debts first. Kent's opening materials ask for the estimated value of solely owned assets and solely owned real estate as of the date of death, and those figures affect the small estate affidavit under 12 Del. C. § 2306 and the granting-letters fee under 12 Del. C. § 2510.
- Deliver the original will to the Kent County Register of Wills Office. Delaware gives a custodian 10 days from learning of the death to deliver the will (12 Del. C. § 1301(a)), and Kent's FAQ says the original will, not a copy, must be filed. Kent charges $2.00 per page to record a will, Rev. 2.5.2026.
- Choose the filing path. If the estate fits 12 Del. C. § 2306, a small estate affidavit may be requested after 30 days have passed since the date of death. Kent charges $5.00 in person or $10.00 by mail, Rev. 2.5.2026.
- Gather Kent's opening paperwork: original certified death certificate, original will and codicils if any, Case Information Sheet, renunciations if required, and a copy of a valid driver's license or passport. Kent also publishes a power of attorney form for non-Delaware residents; ask the office during paperwork review if it applies to your filing.
- Submit the paperwork to 555 Bay Road, 2nd Floor, Room 214, Dover, DE 19901, in person or by mail. An appointment is not needed just to drop paperwork off.
- Wait for review. Kent says that once a Deputy has reviewed the paperwork, the office contacts you to schedule the appointment and tells you the fees.
- Attend the opening appointment, take the oath required by 12 Del. C. § 1509, and pay by cash, check or money order. When the Register grants letters testamentary under 12 Del. C. § 1502 or letters of administration under 12 Del. C. § 1504, order Short Certificates for the banks, brokers and transfer agents you need to contact. Kent charges $5.00 for each Short Certificate, Rev. 2.5.2026.
- Sign the notice to creditors under 12 Del. C. § 2101 at the appointment. Kent's brochure says the office submits it for publication. The Register's Order is $7.00 and advertising in the Delaware State News is $35.00, Rev. 2.5.2026.
- File the inventory and appraisal within 3 months after letters are granted, using Kent's fillable form. The inventory filing is $15.00, Rev. 2.5.2026, and 12 Del. C. § 1905 controls the inventory and appraisal.
- File the accounting required by 12 Del. C. § 2301 within one year of opening the estate, using Kent's accounting form and proof of every expense listed on it.
- Close the estate after the creditor period has run. Kent lets you begin closing after eight months from the date of death under 12 Del. C. § 2102; the accounting clerk audits the papers, emails a draft final accounting, and then you call to schedule the closing appointment. Recording and indexing the final accounting is $20.00, and the closing cost is 1.75% of the net personal estate, Rev. 2.5.2026, under 12 Del. C. § 2510.
Forms and documents
Probate forms in Kent County
Kent County publishes its own Register of Wills Forms Library in addition to statewide Delaware requirements. Start with the Case Information Sheet for probated estates, which Kent describes as the required form for opening an estate, revised 3.4.2024, and the Opening of Estate Checklist, revised 10.1.2025. Kent states that if items or information are missing, the documentation will not be accepted.
| Form or publication | How Kent uses it |
|---|---|
| Opening Petition | Used to request appointment as the personal representative, Delaware's term for an executor or administrator. Kent lists the petition fee as $5.00 for up to 2 personal representatives or $10.00 for more than 2, Rev. 2.5.2026, under 12 Del. C. § 2510. |
| Renunciation Form | Used when someone with an equal right to serve gives up that right. Kent lists a $3.00 renunciation fee, Rev. 2.5.2026. |
| Power of attorney for out-of-state residents | Kent publishes this form for non-Delaware residents. State law requires a nondomiciliary executor or administrator to file an irrevocable power of attorney before letters issue (12 Del. C. § 1506), but Kent's checklist and Forms Library do not word the requirement the same way, so ask the office during review if it is needed in your file. |
| Inventory form | Fillable form for the inventory and appraisal required by 12 Del. C. § 1905. Kent's inventory fee is $15.00, Rev. 2.5.2026. |
| Accounting form | Used for the accounting required by 12 Del. C. § 2301. Kent lists recording and indexing a final accounting at $20.00, Rev. 2.5.2026. |
| Jointly Held Real Estate Affidavit | Kent describes this form as used to clear title to real property held jointly by right of survivorship, revised 2.27.2026. The fee is $10.00, Rev. 2.5.2026, and 12 Del. C. § 1905 addresses jointly held real property affidavits. |
| Small estate affidavit by mail packet | Request for Small Estate Affidavit via Mail, revised July 2024, plus a checklist issued 7.2024. This is Kent's county-specific mail route for a small estate affidavit under 12 Del. C. § 2306. |
| Short Certificate Request Form | Used to request more Short Certificates after letters have been granted. Kent charges $5.00 each, Rev. 2.5.2026. |
| Search Request Form | Used to request an internal search for an estate. Kent charges $5.00, Rev. 2.5.2026. |
Kent also publishes a Probate Brochure, a Probate Flowchart, a Small Estate Flowchart under 12 Del. C. § 2306, a Glossary issued 7.30.2024, and a Rule to Show Cause Q&A. Some older Kent small estate materials still show only the earlier $30,000 figure; use 12 Del. C. § 2306 for the current legal threshold and call the office to confirm which figure applies to the date of death.
Fees
Delaware does not have one statewide Register of Wills fee schedule. Each county's governing body sets its Register of Wills fees under 12 Del. C. § 2510, and Kent's fees are set locally by the Kent County Levy Court. Kent's current Register of Wills schedule is dated Rev. 2.5.2026.
| Fee item | Kent County amount |
|---|---|
| Filing a petition | $5.00 for up to 2 personal representatives, or $10.00 for more than 2, Rev. 2.5.2026 |
| Granting letters | $25.00 for $1.00 to $29,999.00 in personal estate; $50.00 for $30,000.00 to $99,999.99; $75.00 for $100,000.00 to $499,999.00; then $100.00 for each additional $500,000 increment, Rev. 2.5.2026 |
| Inventory | $15.00, Rev. 2.5.2026, for the inventory and appraisal under 12 Del. C. § 1905 |
| Register's Order and publication | $7.00 for the Register's Order and $35.00 for Delaware State News advertising, Rev. 2.5.2026, for notice to creditors under 12 Del. C. § 2101 |
| Short Certificate | $5.00 each after letters are granted, Rev. 2.5.2026 |
| Statement of Claim | $30.00 including the first 10 pages, plus $2.00 per additional page, Rev. 2.5.2026, for a Statement of Claim under 12 Del. C. § 2104 |
| Small estate affidavit | $5.00 at the counter or $10.00 by mail, Rev. 2.5.2026, under 12 Del. C. § 2306 |
| Closing cost | 1.75% of the net personal estate, not including real estate unless directed to be sold, Rev. 2.5.2026, under 12 Del. C. § 2510 |
| Late or missed steps | $25.00 for filing documents more than 30 days late, $25.00 no-call no-show missed appointment fee, and $250.00 to reopen an estate closed by Rule to Show Cause or administrative closing under Court of Chancery Rule 194, Rev. 2.5.2026 |
Kent takes cash, check or money order only for Register of Wills fees. The percentage closing cost is paid at the end, so the amount due at closing can be much larger than the opening appointment payment.
Local nuance
Kent County-specific considerations
| Kent County point | Why it matters |
|---|---|
| Levy Court building | The office is in the Kent County Levy Court Administrative Complex, and the Levy Court is Kent County's governing body, not a court. Judicial estate matters under Court of Chancery Rule 207 go to the Court of Chancery at 414 Federal Street. |
| Paperwork first, appointment second | Kent reviews what you submit, then contacts you to schedule. An appointment is not needed just to drop paperwork off. |
| Mail-in openings | Kent accepts estate openings by mail and lists the documents to send: original death certificate, original will if any, Case Information Sheet, renunciations if needed, and a copy of a valid driver's license or passport. |
| Cash, check or money order | Kent states that fees are payable by cash, check or money order only. |
| Certified death certificate policy | Kent states that it no longer keeps certified death certificates after review or scanning, and returns the certified copy to the submitter. The small estate affidavit by mail form under 12 Del. C. § 2306 gives a different rule when a death certificate is filed with an original will. |
| Deeds | Kent says the Register of Wills Office does not change, update, correct or amend deeds to real property. A jointly held real estate affidavit under 12 Del. C. § 1905 updates tax information, but changing the deed itself takes a lawyer. |
| Estate search limits | The Kent County Probate Search System identifies that a file exists. The office says that does not mean the file was opened for probate or non-probate purposes. |
| Closing sequence | After eight months from death under 12 Del. C. § 2102, Kent lets you submit closing paperwork, waits for audit, emails a draft final accounting under 12 Del. C. § 2301, and then schedules the closing appointment. |
Small-estate Alternatives
Kent has a county-specific mail option for a small estate affidavit under 12 Del. C. § 2306. The current statutory figure is $50,000 for a death on or after June 10, 2026 and $30,000 for a death before that date (12 Del. C. § 2306, as amended by 85 Del. Laws, c. 281). Some Kent County Register of Wills printed materials still show only the older figure, so call the office to confirm which figure applies to your date of death.
At the counter, Kent charges $5.00 for a small estate affidavit, Rev. 2.5.2026. By mail, Kent charges $10.00 for the first affidavit, $5.00 for each additional affidavit requested at the same time, $2.00 per page for an original will, $1.00 for the death certificate, and $1.00 postage, using the county's July 2024 request form and the checklist issued 7.2024.
The mail form asks why the requester cannot come in person and says renunciations cannot be accepted on the by-mail route. It also says an affidavit received by mail must be signed before a notary and cannot be used until 30 days have passed since the date of death under 12 Del. C. § 2306.
Recent updates
| Change | Date | What changed |
|---|---|---|
| Will deposit for safekeeping launched | October 6, 2025 | Kent began accepting original wills for safekeeping by appointment. The dedicated phone number is 302-744-2331. The safekeeping fee is $10.00, examining and taking back a previously deposited will unchanged is $2.00, adding a codicil is $5.00, and adding a memorandum after filing is $5.00, Rev. 2.5.2026. |
| Certified death certificates are returned | Current notice | Kent states that the office no longer retains certified death certificates after a deputy reviews them or a clerk scans them. The certified copy is returned to the person who submitted it, except where Kent's small estate affidavit by mail form under 12 Del. C. § 2306 says it cannot return a death certificate filed with an original will. |
| Fee schedule revised | Rev. 2.5.2026 | The current Kent County Register of Wills schedule carries Rev. 2.5.2026 and is the basis for the fee figures on this page under 12 Del. C. § 2510. |
| Walk-in hours changed | Effective March 3, 2025 | Kent set walk-in hours at Monday through Thursday, 8:30 a.m. to 4:00 p.m., and Friday, 8:30 a.m. to 3:30 p.m., while phone and email coverage continues from 8:00 a.m. to 5:00 p.m. |
Scenarios
| Scenario | Likely Kent County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | A home held with survivorship rights usually does not require opening an estate by itself. Kent uses the Jointly Held Real Estate Affidavit under 12 Del. C. § 1905, with a $10.00 fee, Rev. 2.5.2026. If the solely owned personal property fits 12 Del. C. § 2306, the spouse may use a small estate affidavit instead of a full opening. | Sunset helps identify sole accounts, joint accounts, beneficiary assets and real estate paperwork so the spouse knows whether Kent's small estate affidavit under 12 Del. C. § 2306 is enough. |
| Out-of-state adult child with a small estate | Kent accepts estate openings by mail and also issues a small estate affidavit under 12 Del. C. § 2306 by mail. The first mailed affidavit is $10.00, Rev. 2.5.2026, plus the form's listed copy, death certificate and postage charges. Kent publishes a power of attorney form for non-Delaware residents and renunciation forms for siblings who are stepping aside. | Sunset organizes the asset list, flags institutions that may need Short Certificates after letters, and helps decide whether travel to Dover is needed or whether mail can work. |
| Parent settling predeceased child's estate, home must be sold | Solely owned real estate takes the case out of the small estate affidavit route under 12 Del. C. § 2306. The parent may need a full opening, the inventory and appraisal under 12 Del. C. § 1905, notice to creditors under 12 Del. C. § 2101, and an accounting under 12 Del. C. § 2301. A petition to sell real property to pay debts is a Court of Chancery Rule 207 matter at 414 Federal Street. | Sunset helps build the account and debt picture before the parent pays Kent's opening fees and before a lawyer evaluates any Court of Chancery filing. |
Self-help resources
| Resource | What it provides | Link |
|---|---|---|
| Kent County Register of Wills, Wills & Estates | Opening and mail-in document lists, appointment rule, walk-in hours, notices, flowcharts and current fee schedule links | https://www.kentcountyde.gov/Residents/Wills-Estates |
| Kent County Register of Wills, frequently asked questions | Kent answers on copies, claims, renunciation, wills and who may serve. Use 12 Del. C. § 2306 for the current small estate affidavit figure. | https://www.kentcountyde.gov/Residents/Wills-Estates/Frequently-Asked-Questions |
| Register of Wills Forms Library | Kent's forms for opening, renunciation, inventory and appraisal under 12 Del. C. § 1905, accounting under 12 Del. C. § 2301, small estate affidavit under 12 Del. C. § 2306, Short Certificates and document requests | https://www.kentcountyde.gov/Residents/Wills-Estates/Register-of-Wills-Forms-Library |
| Kent County Probate Search System | Free public search used to identify whether a Kent County estate file exists | https://willssearch.kentcountyde.gov |
| Kent County Register of Wills schedule of fees | Kent's dated fee schedule, Rev. 2.5.2026, under 12 Del. C. § 2510 | https://www.kentcountyde.gov/files/sharedassets/public/v/1/content-publishers/wills/wills-pdf/schedule-of-fees-rev.-2.5.2026.pdf |
| Glossary | Kent's glossary of estate terms, issued 7.30.2024 | https://www.kentcountyde.gov/files/sharedassets/public/v/1/content-publishers/wills/wills-pdf/glossary.pdf |
| Rule to Show Cause Q&A | Kent's explanation of what happens when the office issues a Rule to Show Cause through the Register process | https://www.kentcountyde.gov/files/sharedassets/public/v/1/content-publishers/wills/wills-pdf/rule-to-show-cause-qna.pdf |
| Deposit an Original Will for Safekeeping | Kent's voluntary will safekeeping service, appointment number and fee list | https://www.kentcountyde.gov/Residents/Wills-Estates/Wills-for-Safekeeping |
| Directory of Probate Attorneys | Kent's directory of attorneys who asked to be listed as practicing Delaware probate law. The office says the list is not an endorsement and is not comprehensive. | https://www.kentcountyde.gov/files/sharedassets/public/v/1/content-publishers/wills/wills-pdf/probate-attorney-list.pdf |
| Delaware State Bar Association, Online Lawyer Referral Service | Lawyer referral link provided from Kent's Wills & Estates page | https://www.dsba.org/online-lawyer-referral-service/ |
When to hire an attorney
An individual personal representative may appear before the Register of Wills without a lawyer under Court of Chancery Rule 188, but counsel makes sense for a caveat under 12 Del. C. § 1308, a review of proof of will under 12 Del. C. § 1309, a petition to sell real property to pay debts, a dispute over an accounting or exceptions under 12 Del. C. § 2302, or any Court of Chancery Rule 207 matter. Kent also says the Register of Wills Office cannot give legal advice. Sunset connects you to a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify financial accounts, insurance, retirement assets, real estate clues and debts before Kent County estate settlement decisions are made.
Generate the probate packet. Sunset turns what you know into an organized packet for the Kent County Register of Wills Office, including the asset list, family information and documents needed for the office's review.
Find a local probate attorney. When a Kent estate needs a Court of Chancery Rule 207 filing, a deed change, a sale of real estate to pay debts or a contested accounting, Sunset can help you connect with a vetted Delaware probate attorney.
Sunset is free for families. Families can use Sunset to move estate settlement forward without paying Sunset for access.
Frequently asked questions
Where do I file probate in Kent County, Delaware?
File with the Kent County Register of Wills Office at 555 Bay Road, 2nd Floor, Room 214, Dover, DE 19901. The office is in the Kent County Levy Court Administrative Complex, and the Register of Wills operates within the Court of Chancery system under 12 Del. C. § 2501. Delaware venue is based on domicile at death (12 Del. C. § 1302(a)).
Do I need an appointment at the Kent County Register of Wills?
Yes for opening and closing an estate, but not just to drop off paperwork. Kent says a Deputy reviews the paperwork first, then the office contacts you to schedule the appointment. Call (302) 744-2330.
Can I open a Kent County estate by mail if I live out of state?
Yes. Kent publishes a mail-in list for estate openings: original death certificate, original will if one exists, Case Information Sheet, required renunciations and a copy of a valid driver's license or passport. Kent also publishes a power of attorney form for non-Delaware residents, and 12 Del. C. § 1506 governs nondomiciliary representatives.
What does it cost to open an estate in Kent County?
Under Kent's fee schedule, Rev. 2.5.2026, and 12 Del. C. § 2510, the petition is $5.00 for up to 2 personal representatives or $10.00 for more than 2. Granting letters starts at $25.00 for $1.00 to $29,999.00 in personal estate and rises with value. Other common costs include $15.00 for the inventory and appraisal under 12 Del. C. § 1905, $7.00 for the Register's Order and $35.00 for Delaware State News advertising for notice to creditors under 12 Del. C. § 2101, and $5.00 for each Short Certificate after letters are granted.
How do I look up an estate in Kent County?
Use the Kent County Probate Search System at https://willssearch.kentcountyde.gov. Kent says the search is used only to identify that a file exists and does not indicate whether a file was opened for probate or non-probate purposes. For more information, Kent publishes a Search Request Form, with a $5.00 search fee, Rev. 2.5.2026.
What forms does the Kent County Register of Wills publish?
Kent publishes a Forms Library with the Case Information Sheet, Opening Petition, Opening of Estate Checklist, renunciation, power of attorney for out-of-state residents, inventory and appraisal form under 12 Del. C. § 1905, accounting form under 12 Del. C. § 2301, small estate affidavit forms under 12 Del. C. § 2306, Short Certificate request, Claims Form and Search Request Form.
Will there be a hearing in Kent County?
Routine estate openings are handled by appointment at the Kent County Register of Wills Office. A hearing is usually tied to a remedial or contested matter, such as a Rule to Show Cause through the Register process, a caveat under 12 Del. C. § 1308, exceptions under 12 Del. C. § 2302, or another Court of Chancery Rule 207 matter.
How do I get a small estate affidavit in Kent County?
For a small estate affidavit under 12 Del. C. § 2306, Kent charges $5.00 in person or $10.00 by mail, Rev. 2.5.2026. The statutory figure is $50,000 for a death on or after June 10, 2026 and $30,000 for a death before that date, so call the office to confirm which figure applies to the date of death.
Do I get the certified death certificate back?
Kent states that the office no longer retains certified death certificates after review or scanning and returns the certified copy to the person who submitted it. Kent's small estate affidavit by mail form under 12 Del. C. § 2306 says the office cannot return the death certificate if it is filed with an original will.
Can the Kent County Register of Wills change the deed to my house?
No. Kent says the Register of Wills Office does not change, update, correct or amend deeds. A jointly held real estate affidavit under 12 Del. C. § 1905 updates the tax record; changing the deed itself requires legal work outside the Register of Wills counter.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.