New Castle County
New Castle County, Delaware
"The First County in the First State"
County Home >Register of Wills
Register of Wills
Address:
Register of Wills
Louis L. Redding,
City/County Bldg.
800 North French Street,
2nd Floor
Wilmington, DE 19801

Hours:
Monday through Friday
8:30 a.m. to 4:45 p.m.
Closed from 12:00 - 1:00

Phone: (302) 395-7800
Fax: (302) 395-7801

Please take a moment to fill out our Customer Satisfaction Survey.

Register of Wills

Office Closed Monday, September 6, 2010

Office Closed from 12pm-2pm on Thursday, September 2, 2010

The Register of Wills office assists families and attorneys in obtaining the necessary documents to transfer the assets of a deceased person.  It is the county probate office and is a branch of the Delaware Chancery Court.
 
An appointment is necessary to open (probate) an estate.  See our contact information on the left.

When is Probate Required?

An estate needs to be probated in the county where the decedent resided.  Whenever there is a death in New Castle County, an estate must be probated if:

  1. The decedent (the person who died) had a will.
  2. The decedent did not have a will, but died with over $30,000 in probate assets.
  3. The decedent had any solely held real estate in Delaware.

 

Other Services

  • Probate Process - The estate must go through the probate process if the decedent had solely owned real estate or had more than $30,000 in probate assets.
  • Small Estate Affidavits - If the estate is less than $30,000 with no solely owned real estate, then it is considered a Small Estate. The named executor in the original, valid, self-proven will or the closest next of kin (if there is no will) may receive what is known as a "Small Estate Affidavit" in order to transfer property.
  • Genealogy Assistance - The Register of Wills Office has extensive archives the public can access for the purpose of tracing genealogies or to check title on real estate. Our records date back to the 1600's for New Castle County.
  • Safekeeping of Wills - The Register of Wills Office of New Castle County also provides a service to hold wills for safekeeping and confidentiality while a person is alive. For a fee of $10.00, an original will can be deposited with our office and kept until the death of the testator (the maker of the will). This is offered as an alternative for someone who perhaps does not have a safety deposit box or has not given it to an attorney to hold until the testator's death.