When is Probate Required?
An estate needs to be probated in the county where the decedent resided. The presence or absence of a valid will after death does not determine whether an estate must be opened. Whenever there is a death in New Castle County, an estate must be probated if:
- The decedent had more than $30,000 in personal property in his/her name alone, or
- The decedent owned Delaware real estate in his/her name alone, either solely held or as a tenant in common
When the register of wills grants Letters Testamentary or Letters of Administration to the Executor or Next-of-kin (see FAQ for definition), the estate is considered open. This process takes approximately one year. Executors or administrators (personal representatives) have several responsibilities. For more information, please refer to the documents and forms below.
Our experienced staff is always available to answer your questions regarding the process of opening, probating, and closing an estate. However, we cannot give legal advice.
There are many attorneys in New Castle County who are experienced with estate law. We recommend that you contact an attorney for advice if you have any concerns, the estate is complex, or you would simply like someone to handle these matters on your behalf. The Delaware State Bar Association Lawyer Referral Service can assist you in finding counsel, they can be contacted at 302-478-8850 or 800-773-0606 from Kent and Sussex counties.
- Affidavit Will Search Form (PDF)
- Disclaimer on Claims (PDF)
- Extension Request Form (PDF)
- Extension Request Form Fillable (PDF)
- Form No. N.C. 23 Renunciation (PDF)
- Form No. N.C. 23 Renunciation Fillable (PDF)
- Form No. N.C. 4 Statement of Claim (PDF)
- Jointly Held Affidavit (PDF)
- Jointly Held Affidavit Fillable (PDF)
- Jointly Held Affidavit Sample (PDF)
- List of Documents for Opening (PDF)
- No Estate Tax-Jointly Held Affidavit (PDF)
- No Estate Tax-Jointly Held Affidavit Fillable (PDF)
- No Estate Tax-Jointly Held Affidavit Sample (PDF)
- Notice to Public (PDF)
- Power of Attorney Form (PDF)
- Probate Case Information Worksheet (PDF)
- Probate Instructions (PDF)
- Request for Documents Form (PDF)
- Requirement to Appear in Person Notice (PDF)