New Castle County Register of Wills Guide

Not a court proceeding and no petition is filed. Where the decedent owned NO Delaware real estate solely or as a tenant in common, and the personal estate (excluding the property described in 12 Del. C. § 1901(b) and (c) and excluding jointly owned property) does not exceed $50,000, a qualifying relative, a trustee, a licensed Delaware funeral director or the will's named executor may collect and distribute that property on a sworn affidavit issued by the Register of Wills. REAL PROPERTY IS A DISQUALIFIER HERE, NOT AN EXCLUSION FROM THE MEASURE: any Delaware real estate the decedent owned solely or as a tenant in common closes this route at any value, however small. The $50,000 figure was $30,000 until 85 Del. Laws, c. 281 (HB 333), approved June 10, 2026; that act carries no transition clause, and § 2306 measures the personal estate at the time the affidavit is sworn rather than at the date of death.

• The decedent owned no real estate in Delaware, either solely or as tenants in common
• No petition for appointment of a personal representative is pending or has been granted
• Thirty days have elapsed since the death
• The personal estate, excluding 12 Del. C. § 1901(b) and (c) property and excluding jointly owned property, does not exceed $50,000
• All known debts of the decedent are paid or provided for
• The surviving spouse's allowance under 12 Del. C. § 2308 has been paid, provided for, waived, or has expired by lapse of time
• The affidavit is obtained from the Register of Wills and furnished to whoever holds the money or property

Qualifies:

$50,000

Filing fee:

$10

source

Attorney:

not required by law, though many families use one

The office publishes the limit as a DATE-OF-DEATH BAND: $30,000 for decedents who died before June 10, 2026, or $50,000 for decedents who died on or after June 10, 2026. 85 Del. Laws, c. 281 itself contains no applicability or transition clause and § 2306 measures the estate at the time the affidavit is sworn, so record BOTH: the statute as amended, and the administering office's construction of it. Do not publish a flat 'under $50,000 qualifies' without the band, and do not publish the band as if the statute stated it.

The New Castle County Register of Wills admits the will to probate and grants letters testamentary to the named executor, or grants letters of administration where there is no qualifying executor or no will. 12 Del. C. § 1501 says no one may act as executor or administrator of a Delaware domiciliary's estate without letters. Delaware probate does not run through a district court, a probate court or a clerk of court, and none of those names is correct here. It runs through the REGISTER OF WILLS of the county where the decedent was domiciled. 12 Del. C. § 2501 makes the Register of Wills a Clerk of the Court of Chancery: in performing the functions of the office the Register acts only in that capacity, and where no notice is required by statute or rule the Register may hear the matter and enter orders the Court of Chancery could enter, subject to being set aside or modified by that Court within 30 days. So the filing office is the Register of Wills and the supervising court is the Court of Chancery. The REGISTER IN CHANCERY is a fourth office again, the clerk of the Court of Chancery itself; its schedule of fees is issued under Court of Chancery Rule 3(e) and must never be cited for a probate filing fee.

• Produce the original will, if any, to the Register of Wills within 10 days of learning of the death
• Petition the Register of Wills of the county where the decedent was domiciled
• Qualify by filing any required bond before letters issue
• Post notice to creditors within 40 days of the grant of letters, and publish in a county newspaper three times over three successive weeks unless the Register waives publication for a small estate
• File the inventory and appraisal within 3 months of the grant of letters
• Render an account to the Court of Chancery every year from the date of letters until the estate is closed

Qualifies:

No dollar threshold. Letters are required whenever anyone will act as executor or administrator of a Delaware domiciliary's estate, and they are required whenever the decedent owned Delaware real estate solely or as a tenant in common, at any value.

Attorney:

not required by law, though many families use one

Where the decedent was not domiciled in Delaware, the will may be proved before the Register of Wills of any county in which Delaware property lies, and letters of ancillary administration may be granted by the Register for any county. THE FIRST ADMINISTRATION LAWFULLY GRANTED EXTENDS TO ALL THE DECEDENT'S DELAWARE ESTATE and excludes the jurisdiction of every other county's Register, so an ancillary estate is opened once for the whole state rather than once per county.

• Delaware property belonging to a decedent who was domiciled outside Delaware
• Proof of the will before the Register of Wills of a county where the Delaware property lies, or a petition for ancillary letters where there is no will
• A nondomiciliary personal representative must file an irrevocable power of attorney designating the Register as agent for service before letters issue

Qualifies:

No dollar threshold. Used where the decedent was domiciled outside Delaware and left goods, chattels, rights, credits, lands or tenements in Delaware.

Attorney:

not required by law, though many families use one

THERE IS A ROUTE THAT AVOIDS THIS ENTIRELY FOR PERSONAL PROPERTY, and it is not a form of administration. 12 Del. C. § 1562 lets a DOMICILIARY FOREIGN personal representative, appointed in the decedent's state of domicile, collect Delaware personal property and receive payment of a Delaware debt with NO local administration at all. It is subject to the resident-creditor notice in § 1564 and to proof of authority under § 1565, and §§ 1566 to 1573 then set the foreign representative's powers, the jurisdiction Delaware takes over them and the recognition of acknowledgements. Delaware REAL ESTATE is a different question and normally still needs ancillary letters under § 1504(b). So the first question for an out-of-state family is what kind of Delaware property there is, not how much it is worth.