Back to Delaware
New Castle County, DE Probate Information
Quick facts
| Topic | New Castle County information |
|---|---|
| Probate office | New Castle County Register of Wills, a clerk of the Court of Chancery under 12 Del. C. § 2501. |
| Courthouse address | Louis L. Redding City/County Building, 800 N. French Street, 2nd Floor, Wilmington, DE 19801. |
| Mailing address | Same as the street address. |
| Phone | (302) 395-7800. |
| Fax | (302) 395-7801. |
| [email protected]. | |
| Office hours | In person Monday through Thursday, 8:00 a.m. to 3:30 p.m., and Friday, 8:00 a.m. to 3:00 p.m. By phone Monday through Friday, 8:00 a.m. to 4:00 p.m. Closed for lunch daily from noon to 1:00 p.m. No small estate affidavit under 12 Del. C. § 2306 is issued after 3:00 p.m. An appointment is required to open and to close an estate; no appointment is needed to drop off paperwork. |
| Evening locations | Advance appointment only at Appoquinimink Public Library, 204 E. Main Street, Middletown, first Wednesday of each month from 4:00 p.m. to 5:00 p.m., and Hockessin Public Library, 1023 Valley Road, Hockessin, second Wednesday of each month from 4:00 p.m. to 5:00 p.m. No walk-in service is provided at either location. |
| Filing fee | Set by New Castle County, not by the state, under 12 Del. C. § 2510. Granting letters starts at $25 where the personal property is under $50,000 and rises with the value of the personal estate, plus $5 per personal representative to file the petition, $5 per short certificate, $7 for the Register's Order and $15 to file the inventory under 12 Del. C. § 1905. A closing cost of 1.75% of the net personal estate plus a technology cost of 0.25% is charged when the estate closes. The New Castle County Register of Wills fee schedule was retrieved September 1, 2026 and carries no effective date on its face. |
| Local forms | Yes. New Castle County publishes opening, inventory, accounting, affidavit and claim forms at newcastlede.gov/681/Forms, including NC.4 Statement of Claims, NC2 Beneficiary Waiver, NC3 Waiver for Incapacitated Beneficiaries and NC5 List of Beneficiaries. |
| E-filing | None for estates. Estates are opened with the Register of Wills in person by appointment; inventories, accountings and small estate affidavit requests under 12 Del. C. § 2306 may be mailed or dropped off. Delaware judiciary e-filing systems do not reach any Register of Wills. |
| Case search | Free public Wills Search at www3.newcastlede.gov/will/search/, by name, date of death or Register of Wills file number, plus a separate Affidavit Search that requires the last four digits of the decedent's Social Security number. New Castle County decedents only; the index is online, the documents are not. |
| Remote appearance | The office does not publish a phone or video appointment policy. Ask the Register of Wills Office at (302) 395-7800 before assuming an appointment can be handled that way. |
| Court of Chancery | Contested and judicial matters only: Court of Chancery, 500 North King Street, Wilmington, DE 19801, Register in Chancery (302) 255-0544, under Court of Chancery Rule 207. This is not the filing counter for opening an estate. |
| Website | https://www.newcastlede.gov/152/Register-of-Wills |
Before you begin — know the assets and liabilities
Before you call for a New Castle County appointment, make a working list of what the decedent owned and owed. The value of personal property held in the decedent's name alone decides whether a small estate affidavit under 12 Del. C. § 2306 may be enough, which granting-letters bracket applies under 12 Del. C. § 2510, and how much the percentage closing cost and technology cost may be when the estate closes.
The New Castle County Register of Wills publishes an Information Checklist for gathering identification, accounts, insurance, debts, agreements and utilities after a death, and its free Wills Search can show whether an estate has already been opened. Sunset's 2,300-institution asset discovery helps families find accounts they do not already know about, which is often the first hard step in estate settlement.
Which court handles jurisdiction
One office serves all of New Castle County: the New Castle County Register of Wills Office in Wilmington. That includes Wilmington, Newark, Middletown, Bear, Glasgow, Hockessin, Claymont, New Castle, Pike Creek, Elsmere, Newport, Delaware City, Odessa, Townsend and Greenville. New Castle is also a city in the county, but the probate filing counter is in Wilmington.
A Delaware will is proved before the Register of Wills of the county in which the testator was domiciled at the time of death (12 Del. C. § 1302(a)), and letters of administration are granted by the Register of Wills of the county in which the decedent was domiciled (12 Del. C. § 1504(a)). If the decedent lived in New Castle County, open the estate in Wilmington even if the personal representative lives elsewhere.
Delaware real estate can create filings in more than one county. A Wilmington decedent who owned a Sussex County beach house still opens the estate in New Castle County, but a copy of the inventory and appraisal must be filed where the real estate is located under 12 Del. C. § 1905, and the affidavit that no Delaware estate tax return is required must be filed where the real property is located under 12 Del. C. § 2304.
The jurisdiction process
- Deliver the original will. Anyone holding a document that may be a will must deliver it to the Register of Wills within 10 days after learning of the death (12 Del. C. § 1301(a)). New Castle County says the original will, not a copy, should be filed even if the decedent had no assets.
- Decide whether a full estate must be opened. New Castle County says an estate must be opened if the decedent had more than $50,000 in personal property in the decedent's name alone, or owned Delaware real estate in the decedent's name alone, either solely or as a tenant in common. A small estate affidavit under 12 Del. C. § 2306 may be available at $50,000 or less for a death on or after June 10, 2026, or $30,000 or less for a death before June 10, 2026.
- Gather the opening forms. The office publishes a Probate Opening Checklist, Case Information Worksheet, Opening Petition Form with a sample, Probate Instructions, Renunciation form, Power of Attorney form for an out-of-state personal representative, and Trust Inquiry Form for estates with a will.
- Call for an opening appointment. An appointment is necessary to open an estate with the New Castle County Register of Wills. Call (302) 395-7800 and ask what to bring. The office also offers appointment-only evening sessions at the Appoquinimink Public Library in Middletown and the Hockessin Public Library, but it does not state that full estate openings can be completed there.
- Attend the appointment and pay the opening fees. Under the New Castle County fee schedule retrieved September 1, 2026, filing the petition costs $5 per personal representative, registering the order and decree admitting the will to probate is $2, and granting letters starts at $25 where personal property is under $50,000, with higher brackets based on value (12 Del. C. § 2510). Bring payment with you.
- Take the oath and order short certificates. The Register grants letters testamentary where there is a will under 12 Del. C. § 1502, or letters of administration where there is not under 12 Del. C. § 1504. The personal representative takes an oath under 12 Del. C. § 1509, and the office issues short certificates, the certified proofs of the letters that banks, brokers, transfer agents, the Division of Motor Vehicles and DNREC accept. New Castle County charges $5 each under its fee schedule retrieved September 1, 2026.
- Handle the Register's Order and publication. The Register posts notice of the grant of letters and publishes it in an approved New Castle County newspaper within 40 days, three times, once a week for 3 successive weeks (12 Del. C. § 2101). The Register's Order fee is $7 under the fee schedule retrieved September 1, 2026. The office's June 13, 2025 newspaper audit priced a three-week estate notice at $25.25 in The (New Castle) Weekly, $120 in the Newark Post and $414.70 in the News Journal or Delaware Online. If the Register determines that the gross personal estate does not exceed $30,000 and the gross real and personal estate does not exceed $35,000, notice may be posted only under 12 Del. C. § 2101(b).
- File the inventory. The inventory and appraisal is due three months from the grant of letters under 12 Del. C. § 1905. New Castle County charges $15 plus $1 per extra page under its fee schedule retrieved September 1, 2026, and requires the inventory to be notarized before filing. Delaware parcels must be listed by parcel identification number.
- Administer claims and watch the estate record. Claims against the estate are barred unless presented within eight months of the date of death under 12 Del. C. § 2102. A creditor can file New Castle County Statement of Claims Form NC.4 for a $20 fee under the fee schedule retrieved September 1, 2026; the claim is presented under 12 Del. C. § 2104, in the form Court of Chancery Rule 191 prescribes. The county Wills Search shows the estate's inventory due date, accounting due date and whether each has been filed.
- File the accounting. An accounting is due within a year of opening under 12 Del. C. § 2301. New Castle County charges $20 per account to record and index it under the fee schedule retrieved September 1, 2026. The office requires receipts for expenses, plus NC5 List of Beneficiaries and NC2 Beneficiary Waivers, or NC3 where a beneficiary is incapacitated.
- Close by appointment. The office says a deputy reviews the closing paperwork and calls the personal representative to schedule the closing appointment. The Probate Closing Checklist is on the county forms page. At closing, New Castle County charges a closing cost of 1.75% of the net personal estate plus a technology cost of 0.25%, and a $50 estate closing letter fee, under the fee schedule retrieved September 1, 2026 (12 Del. C. § 2510).
Executor duties
New Castle County adds several practical duties to the statewide estate settlement work. The inventory and appraisal due under 12 Del. C. § 1905 must be notarized before the office will accept it. Accountings under 12 Del. C. § 2301 must include receipts for every expense claimed, and the office expects the NC5 List of Beneficiaries and NC2 Beneficiary Waiver from each beneficiary, with NC3 where a beneficiary is incapacitated.
Use the county Wills Search as a self-check. The office tells personal representatives to look at the inventory and accounting fields for the estate and file the form if a field is blank. Overdue filings can trigger a Rule to Show Cause from the Register, plus a $25 issuance fee, a $25 Register of Wills hearing fee, a $50 per day court appearance fee and a $100 late fee for every 12-month period of delinquency, all under the New Castle County fee schedule retrieved September 1, 2026.
Opening and closing require appointments with the Register of Wills Office. Dropping off paperwork does not. For closing, the assigned deputy reviews the paperwork and calls the personal representative to schedule the appointment.
Forms and documents
Probate forms in New Castle County
New Castle County publishes a substantial local forms library. The forms page includes opening, inventory, accounting, affidavit, claim and closing forms, many in fillable, printable and completed-sample versions.
| Form group | New Castle County forms |
|---|---|
| Opening forms | Probate Opening Checklist, Case Information Worksheet, Opening Petition Form with sample, Probate Instructions, Renunciation, Power of Attorney for an out-of-state personal representative, Trust Inquiry Form and Furnishing Death Certificate. |
| Small estate forms | Small Estate Affidavit Request Form, sample and checklist for the small estate affidavit under 12 Del. C. § 2306. The county pamphlet was revised in June 2026 and the first affidavit costs $10, with each additional affidavit at the same visit costing $5, under the fee schedule retrieved September 1, 2026. |
| Real estate affidavits | Jointly Held Affidavit, coversheet for joint affidavits, combined jointly held property and affidavit that no Delaware estate tax return is required, Transfer on Death Deed Affidavit and Termination of Life Estate Form. Delaware imposes no estate tax on deaths after December 31, 2017, but 12 Del. C. § 2304 still requires the affidavit that no Delaware estate tax return is required before real property is cleared or an estate closes. |
| Inventory and accounting | Inventory Form, Inventory Form Instructions, Accounting Form, samples, Extension Request Form, NC5 List of Beneficiaries, NC2 Beneficiary Waiver, NC3 Waiver for Incapacitated Beneficiaries and Commission Letter for Personal Representative. Inventory and appraisal requirements come from 12 Del. C. § 1905; accounting duties come from 12 Del. C. § 2301. |
| Claims and closing | NC.4 Statement of Claims, Request for Document Form, Probate Closing Checklist and Glossary of Terms. A Statement of Claim is presented under 12 Del. C. § 2104, with claim timing governed by 12 Del. C. § 2102. |
The office also publishes a 32-page Register of Wills brochure, a Spanish edition, a Small Estate Affidavit Pamphlet, an Information Checklist for gathering information after a death, and a Delaware Probate Attorney List with a non-endorsement disclaimer.
Fees
New Castle County fees are set locally under 12 Del. C. § 2510. The New Castle County Register of Wills fee schedule was retrieved September 1, 2026 and carries no effective date on its face, so ask the office for current totals before the appointment.
| Fee type | New Castle County amount |
|---|---|
| Petition to open | $5 per personal representative, under the fee schedule retrieved September 1, 2026. |
| Order and decree admitting will | $2, under the fee schedule retrieved September 1, 2026. |
| Granting letters | Starts at $25 where personal property is under $50,000, then rises by value: $50 between $50,000 and $99,999.99, $75 between $100,000 and $499,999.99, $100 between $500,000 and $999,999.99, and higher bands above that, under the fee schedule retrieved September 1, 2026. |
| Short certificate | $5 each, under the fee schedule retrieved September 1, 2026. Order one for each institution that needs proof of the letters. |
| Register's Order | $7, under the fee schedule retrieved September 1, 2026. Publication costs are separate. |
| Inventory | $15 base fee plus $1 per extra page for the inventory and appraisal under 12 Del. C. § 1905, under the fee schedule retrieved September 1, 2026. |
| Accounting | $20 per account to record and index an accounting under 12 Del. C. § 2301, under the fee schedule retrieved September 1, 2026. |
| Closing | Closing cost of 1.75% of the net personal estate plus a technology cost of 0.25%, and $50 for the estate closing letter, under the fee schedule retrieved September 1, 2026. |
| Small estate affidavit | $10 for the first small estate affidavit under 12 Del. C. § 2306 and $5 for each additional affidavit at the same visit, under the fee schedule retrieved September 1, 2026. |
| Joint real estate affidavits | $20 to file an Affidavit of Jointly Held Real Property, $10 to file the affidavit that no Delaware estate tax return is required under 12 Del. C. § 2304, or $30 for the combined affidavit, under the fee schedule retrieved September 1, 2026. |
| Statement of Claim | $20 to file a Statement of Claim presented under 12 Del. C. § 2104, under the fee schedule retrieved September 1, 2026. |
| Missed appointment | $25 if an appointment is missed without 24 hours' notice, under the fee schedule retrieved September 1, 2026. |
| Overdue documents | $100 for every 12-month period of delinquency, under the fee schedule retrieved September 1, 2026. |
The local cost that surprises families is the closing charge: New Castle County adds a 0.25% technology cost to the 1.75% closing cost, so 2.00% of the net personal estate is due at the end under the fee schedule retrieved September 1, 2026. Delaware imposes no estate tax on deaths after December 31, 2017, but 12 Del. C. § 2304 still requires the no Delaware estate tax affidavit where the statute calls for it.
Local nuance
New Castle County-specific considerations
| Local feature | Why it matters in New Castle County |
|---|---|
| Technology cost | New Castle County charges a 0.25% technology cost on top of the 1.75% closing cost, both calculated on the net personal estate under the fee schedule retrieved September 1, 2026 (12 Del. C. § 2510). |
| Bottom fee bracket | New Castle County's granting-letters bracket starts at $25 for personal property under $50,000, under the fee schedule retrieved September 1, 2026. The small estate threshold also uses $50,000 for deaths on or after June 10, 2026 under 12 Del. C. § 2306. |
| Evening library sessions | The Register of Wills Office offers appointment-only evening hours at Appoquinimink Public Library in Middletown on the first Wednesday of each month and Hockessin Public Library on the second Wednesday, each from 4:00 p.m. to 5:00 p.m. No walk-in service is provided there. |
| Free Wills Search | The Wills Search shows New Castle County estate information, including opening dates, inventory due dates, accounting due dates and filing dates. The office tells personal representatives to use it to check whether required filings are missing. |
| Legal notice choices | The office's June 13, 2025 audit listed approved New Castle County publications and priced the same three-week estate notice at $25.25, $120 or $414.70, depending on the paper. Notice timing is governed by 12 Del. C. § 2101. |
| Self-audit page | The office publishes a statutory compliance memorandum, dated internal audits and March 2026 records showing that several standard operating procedures were reviewed. The page is useful because it explains how the office handles statutory notices, fees, parcel information and prepayment. |
| County form series | NC.4, NC2, NC3 and NC5 are New Castle County forms used for claims, beneficiary waivers, incapacitated beneficiaries and beneficiary lists. |
| Recorder of Deeds in the same building | The Register of Wills is on the 2nd floor of the Louis L. Redding City/County Building, and the New Castle County Recorder of Deeds is on the 4th floor. The Register does not prepare or record deeds. |
Small-estate Alternatives
New Castle County's small estate affidavit under 12 Del. C. § 2306 is handled at the Register of Wills counter, not through a hearing. It is available when the statutory requirements are met and the solely owned personal estate is $50,000 or less for a death on or after June 10, 2026, or $30,000 or less for a death before June 10, 2026. The statutory real-estate bar applies if the decedent owned Delaware real estate solely or as a tenant in common.
No appointment is required for a New Castle County small estate affidavit under 12 Del. C. § 2306, but the office does not issue one after 3:00 p.m. The first affidavit costs $10 and each additional affidavit obtained at the same visit costs $5, under the New Castle County fee schedule retrieved September 1, 2026. The office also accepts mail requests with its Small Estate Affidavit Mail-In Request Form, photo identification, certified death certificate, fee payment and asset information.
New Castle County also publishes that it may grant a restricted affidavit to out-of-state next of kin for a motor vehicle title transfer without waiting the usual 30 days. Treat that as a request to make to the Register of Wills Office, not as an automatic right.
Recent updates
| Date | Local update |
|---|---|
| June 23, 2026 | The New Castle County Register of Wills Office issued a release announcing HB 333, which raised Delaware's small estate threshold under 12 Del. C. § 2306 from $30,000 to $50,000 effective June 10, 2026. The office's current Small Estates page states both figures by date of death. |
| June 2026 | The office reissued its Small Estate Affidavit Pamphlet for the small estate affidavit under 12 Del. C. § 2306, with the June 10, 2026 date-of-death rule. |
| March 2026 | The office published dated records showing that several standard operating procedures had been reviewed, including procedures for attorney withdrawal, account disputes under 12 Del. C. § 2302, pro se and attorney wills, publication, closing-document scanning and filing, and orders and directions to sell real estate. |
| June 13, 2025 | The office published a self audit of approved newspaper publications and rates, listing The (New Castle) Weekly, the Newark Post and the News Journal or Delaware Online as approved publications in New Castle County as of May 1, 2025, and pricing a three-week estate notice at $25.25, $120 and $414.70 under the audit. |
| April 9, 2025 | The Register of Wills Office began monthly evening office hours by appointment at the Hockessin Public Library, 1023 Valley Road, Hockessin, on the second Wednesday of each month from 4:00 p.m. to 5:00 p.m. |
Page last reviewed: September 2026.
Scenarios
| Scenario | Likely New Castle County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | A home held as tenants by the entireties or joint tenants with right of survivorship does not by itself block a small estate affidavit under 12 Del. C. § 2306. If the remaining solely owned personal property is $50,000 or less for a death on or after June 10, 2026, or $30,000 or less for a death before June 10, 2026, the Register may issue the affidavit. Separately, the Jointly Held Affidavit under 12 Del. C. § 1905 is filed for the real estate, with a $20 filing fee, or $30 combined with the affidavit that no Delaware estate tax return is required under 12 Del. C. § 2304, under the fee schedule retrieved September 1, 2026. | Sunset helps identify the accounts in the decedent's name alone, separate survivorship assets from probate assets, and prepare the packet for the Register of Wills. |
| Out-of-state adult child with small estate | New Castle County allows small estate affidavit requests under 12 Del. C. § 2306 by mail using its mail-in request form and checklist. Inventories and accountings may also be mailed or dropped off. If a Delaware attorney represents the personal representative, a Rule 190 petition and affidavit can waive the personal appearance, and New Castle County charges $5 per representative under the fee schedule retrieved September 1, 2026. An individual personal representative may appear self-represented under Court of Chancery Rule 188, but a relative or non-Delaware attorney cannot appear for that person. | Sunset helps determine whether the $50,000 or $30,000 small estate line applies, assemble the mail-in request materials and find a local probate attorney when representation would save travel. |
| Parent settling predeceased child's estate, home must be sold | A home in the child's sole name means the small estate affidavit under 12 Del. C. § 2306 is not the path. Call (302) 395-7800 for an opening appointment, use the Opening Petition and Probate Opening Checklist, and expect letters, short certificates, notice, inventory and accounting. Granting letters starts at $25 where personal property is under $50,000 and rises with value; short certificates are $5 each; the inventory is $15 plus $1 per extra page; and closing carries 1.75% plus 0.25% of the net personal estate, all under the fee schedule retrieved September 1, 2026 (12 Del. C. § 2510). If a Court of Chancery order is needed to sell real property, that is a Rule 207 matter at 500 North King Street, not a counter filing. | Sunset helps gather the asset list for the inventory under 12 Del. C. § 1905, track claims under 12 Del. C. § 2102, and connect the family with a probate attorney for the real-estate sale issue. |
Self-help resources
| Resource | How it helps |
|---|---|
| New Castle County Register of Wills Office | Procedural questions, appointments, documents and filings. The office is at 800 N. French Street, 2nd Floor, Wilmington, with phone (302) 395-7800, fax (302) 395-7801 and email [email protected]. The office cannot give legal advice or draft wills. |
| Forms library | Fillable, printable and sample forms for opening, inventory, accounting, affidavits, claims, closing and the NC-numbered county forms. |
| Publications | The office's probate brochure, Spanish edition, Small Estate Affidavit Pamphlet, Information Checklist and Delaware Probate Attorney List. |
| Wills Search | Free public Register of Wills case search for New Castle County estates by name, date of death or file number. It shows filing dates and due dates, but documents are not viewable online. |
| Small estates page | The office's current New Castle County explanation of the small estate affidavit under 12 Del. C. § 2306, including the June 10, 2026 date-of-death rule. |
| Fees page | Links the New Castle County fee schedule for probated estates, non-probated estates, copy fees, administrative fees and will safekeeping. Fees are set locally under 12 Del. C. § 2510. |
| Legal notices | Weekly posted notices of grants of letters, including newspaper notices and posting-only notices under 12 Del. C. § 2101. |
| Rule to Show Cause page | Explains what a Rule to Show Cause from the Register means, what filing is usually missing and why simply filing late paperwork may not excuse a court date. |
| Delaware State Bar Association public resources | Online lawyer referral portal. The DSBA states that the online system is the way it can help the public find legal assistance, and that an initial 30-minute consultation costs $35 if an attorney contacts you. |
| Delaware Legal Help Link | A free-legal-help screening portal run through Delaware bar and legal aid organizations. Use it to check whether you may qualify for legal assistance; do not assume estate administration is covered without checking. |
When to hire an attorney
A lawyer is most useful when the estate settlement leaves the Register of Wills counter: a Rule to Show Cause has issued, an accounting is disputed, a creditor priority question must be decided, real estate has to be sold under an order, or a petition must be filed as a Court of Chancery Rule 207 civil action with the Register in Chancery at 500 North King Street. Counsel can also help when New Castle County is the opening county but real estate filings are needed in another Delaware county. An individual personal representative may handle a New Castle County estate self-represented under Court of Chancery Rule 188, and the Register of Wills Office can answer procedural questions, but it 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 and other property that may affect whether a New Castle County estate can use the small estate affidavit under 12 Del. C. § 2306 or needs full estate settlement.
Generate the probate packet. Sunset organizes the information needed for the New Castle County opening, inventory, accounting and affidavit forms, so you can bring a cleaner packet to the Register of Wills appointment.
Find a local probate attorney. When a Court of Chancery Rule 207 issue, real estate sale, disputed accounting or Rule to Show Cause makes counsel sensible, Sunset can help you find a local probate attorney.
Sunset is free for families. Families can use Sunset to understand the estate, prepare for the next filing step and decide when professional help is worth it.
Frequently asked questions
Where do I file probate in New Castle County, Delaware?
File with the New Castle County Register of Wills Office at the Louis L. Redding City/County Building, 800 N. French Street, 2nd Floor, Wilmington, DE 19801. Delaware probate is handled through the county Register of Wills. The Register of Wills acts as a clerk of the Court of Chancery under 12 Del. C. § 2501 and may decide uncontested matters under 12 Del. C. § 2502.
Do I need an appointment at the New Castle County Register of Wills?
Yes for opening and closing an estate. Call (302) 395-7800. The office says no appointment is needed to drop off paperwork, and no appointment is required for a small estate affidavit under 12 Del. C. § 2306, but no small estate affidavit is issued after 3:00 p.m.
What are the New Castle County Register of Wills office hours?
In-person hours are Monday through Thursday, 8:00 a.m. to 3:30 p.m., and Friday, 8:00 a.m. to 3:00 p.m. Phone hours are Monday through Friday, 8:00 a.m. to 4:00 p.m. The office closes for lunch daily from noon to 1:00 p.m.
What does it cost to open an estate in New Castle County?
Under the New Castle County fee schedule retrieved September 1, 2026, filing the petition costs $5 per personal representative, registering the order and decree admitting the will is $2, granting letters starts at $25 for personal property under $50,000, each short certificate costs $5, the Register's Order costs $7 and the inventory under 12 Del. C. § 1905 starts at $15 plus $1 per extra page. Fees are set locally under 12 Del. C. § 2510.
What is the New Castle County technology cost?
New Castle County charges a technology cost of 0.25% of the net personal estate in addition to the 1.75% closing cost. Both are charged when the estate closes under the fee schedule retrieved September 1, 2026 (12 Del. C. § 2510).
Can I file a New Castle County estate online?
No estate-opening portal is published for the Register of Wills. Estates are opened by appointment with the Register of Wills Office, and inventories, accountings and small estate affidavit requests under 12 Del. C. § 2306 may be mailed or dropped off. Delaware e-filing systems do not reach any Register of Wills.
How do I look up a New Castle County estate?
Use the free New Castle County Wills Search at www3.newcastlede.gov/will/search/. It searches by name, date of death or Register of Wills file number and shows dates such as opening, inventory and accounting fields. It is a Register of Wills case search for New Castle County decedents only, and documents are not viewable online.
Does New Castle County have its own probate forms?
Yes. The Register of Wills forms page includes opening, inventory, accounting, affidavit, claim and closing forms, including NC.4 Statement of Claims, NC2 Beneficiary Waiver, NC3 Waiver for Incapacitated Beneficiaries and NC5 List of Beneficiaries. A Statement of Claim is presented under 12 Del. C. § 2104, and claim timing is governed by 12 Del. C. § 2102.
Do I have to go to Wilmington to settle a New Castle County estate?
Often, but not for every step. Opening and closing appointments are handled through the Wilmington office unless the office tells you otherwise. Small estate affidavit requests under 12 Del. C. § 2306 can be mailed, inventories and accountings can be mailed or dropped off, and the office offers appointment-only evening sessions in Middletown and Hockessin for documents and assistance.
Where is the Court of Chancery in New Castle County?
The Court of Chancery sits at 500 North King Street, Wilmington, DE 19801. That building is for contested or judicial matters under Court of Chancery Rule 207, filed with the Register in Chancery, not for routine estate openings at 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.