New Castle County, Delaware

Probate in New Castle County, Delaware

New Castle County probate filings are heard at the Wilmington courthouse under Delaware law (Del. Code tit. 12, §§ 1501 et seq.). The process below applies statewide; specific court fees and forms are available from the New Castle County Clerk.

New Castle County probate at a glance

County seat
Wilmington
Court
Register of Wills; Court of Chancery for contested matters
Population (est.)
570,719
Typical timeline
32–52 weeks
Filing fee
$50–$500
Small-estate threshold
$30,000
Statute
Del. Code tit. 12, §§ 1501 et seq.

For exact fees + forms, check the New Castle County Clerk’s office or the state source: courts.delaware.gov.

Delaware probate, step by step

  1. 1File petition for letters with the Register of Wills
  2. 2Register issues letters testamentary or of administration
  3. 3Publish notice to creditors; eight-month claim period runs
  4. 4File inventory within three months; pay valid debts and taxes
  5. 5File final accounting with Register and close the estate

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Other Delaware counties

This page is informational and is not legal advice. Probate procedure varies by county. Consult a licensed Delaware probate attorney for advice specific to your situation.