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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationDelaware

Probate in Delaware

What Delaware’s own law and courts say about probate, from how an estate comes before the court to when creditors must claim. Nothing on this page decides whether a particular estate needs probate. That question belongs to the court, or to an attorney in Delaware.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

The Register of Wills, as a clerk of the Court of Chancery

In performing the functions of the office, the Register of Wills of each county shall act only as a Clerk of the Court of Chancery.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2501

What the Register of Wills does, in the Court of Chancery’s words

The Register of Wills is responsible for assisting individuals and attorneys with the probate process and maintains records relating to estates. The Register of Wills is a clerk of the Court of Chancery and has an office in each county of the state.

Delaware · general information · checked October 24, 2026 · Delaware Court of Chancery

Where a will is proved, and what admission to probate is needed for

(a) A will shall be proved before the Register of Wills of the county in which the testator was domiciled at the time of death.

(b) To be effective to prove a transfer of any property or to nominate an executor, a will must be declared to be valid by admission to probate.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §1302(a)–(b)

The Register’s notice that letters were granted, and its publication in a newspaper

(a) The Register of Wills shall give notice as provided in this section of the granting of letters.

such notice shall also be published in any 1 or more newspapers approved by the Register of Wills published in such county at least 3 times within the same period not less frequently than once a week for 3 successive weeks

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2101(a)–(b)

The deadline for creditors’ claims, with or without notice

are barred against the estate, the personal representative and the heirs and devisees of the decedent unless presented as provided in § 2104 of this title within 8 months of the decedent’s death whether or not the notice referred to in § 2101 of this title has been given.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2102(a)

The yearly account to the Court of Chancery

(a) Every executor or administrator shall render an account of their administration to the Court of Chancery, in money, every year from the date of their letters until the estate is closed and a final account passed by the Court.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2301(a)

The bar on claims where no letters are granted in time

If no letters have been granted upon the estate of any person within 10 years from the date of the person’s death, all claims of creditors and persons otherwise beneficially interested in the estate … shall be thereafter barred.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2109

Who sets the Register of Wills’ fees, and where they are listed

The governing body of each county shall determine the fees which shall be charged by the Register of Wills of that county.

Every Register of Wills shall keep for public inspection in the Register’s office a printed or written list of the fees then in effect.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §§2510, 2511

What the person holding the will must do, and how soon

(a) Any person, having the custody or possession of any instrument of writing purporting to be a last will and testament and intended to take effect upon the death of the testator therein named, shall produce and deliver the same to the Register of Wills for the county in which the person resides, within 10 days from the time the person receives information of the death of the testator.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §1301(a)

The liability for not delivering a will, and contempt of court

(b) Any person who wilfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure. Also, any person who wilfully fails to deliver a will after being ordered by the Court of Chancery in a proceeding brought for the purpose of compelling delivery is subject to penalty for civil contempt of Court.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §1301(b)

Depositing a will with the Register of Wills for safekeeping: the fee, and what happens at the death

(a) An original will may be deposited by any testator, testatrix, attorney-in-fact or attorney-at-law for safekeeping in the office of the Register of Wills for New Castle County, Kent County, or Sussex County upon payment of a fee of $5.00.

Upon receipt of notice of the death of the testator or testatrix or by order of the court, the Register shall open the will and place the will in its pending file to await probate.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2513(a), (d)

Access to a safe deposit box before a personal representative is appointed

After the death of the decedent but prior to the appointment of a personal representative for the decedent’s estate, access to the decedent’s safe deposit box located in a “financial institution,” as defined by § 101 of Title 5, and held in the decedent’s sole name shall be limited

Delaware · general information · checked October 24, 2026 · 12 Del. C. §1313(a)

The same page for other states

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FAQ

Common questions

In performing the functions of the office, the Register of Wills of each county shall act only as a Clerk of the Court of Chancery.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2501

The Register of Wills is responsible for assisting individuals and attorneys with the probate process and maintains records relating to estates. The Register of Wills is a clerk of the Court of Chancery and has an office in each county of the state.

Delaware · general information · checked October 24, 2026 · Delaware Court of Chancery

(a) A will shall be proved before the Register of Wills of the county in which the testator was domiciled at the time of death.

(b) To be effective to prove a transfer of any property or to nominate an executor, a will must be declared to be valid by admission to probate.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §1302(a)–(b)

are barred against the estate, the personal representative and the heirs and devisees of the decedent unless presented as provided in § 2104 of this title within 8 months of the decedent’s death whether or not the notice referred to in § 2101 of this title has been given.

(a) The Register of Wills shall give notice as provided in this section of the granting of letters.

such notice shall also be published in any 1 or more newspapers approved by the Register of Wills published in such county at least 3 times within the same period not less frequently than once a week for 3 successive weeks

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2101(a)–(b)

(a) Any person, having the custody or possession of any instrument of writing purporting to be a last will and testament and intended to take effect upon the death of the testator therein named, shall produce and deliver the same to the Register of Wills for the county in which the person resides, within 10 days from the time the person receives information of the death of the testator.

(b) Any person who wilfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure. Also, any person who wilfully fails to deliver a will after being ordered by the Court of Chancery in a proceeding brought for the purpose of compelling delivery is subject to penalty for civil contempt of Court.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §1301(b)

The governing body of each county shall determine the fees which shall be charged by the Register of Wills of that county.

Every Register of Wills shall keep for public inspection in the Register’s office a printed or written list of the fees then in effect.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §§2510, 2511

After the death of the decedent but prior to the appointment of a personal representative for the decedent’s estate, access to the decedent’s safe deposit box located in a “financial institution,” as defined by § 101 of Title 5, and held in the decedent’s sole name shall be limited

Delaware · general information · checked October 24, 2026 · 12 Del. C. §1313(a)

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