New Castle County, Delaware
"The First County in the First State"
County Home >Register of Wills

Register of Wills

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.

Reasons to Contact the Register of Wills Office

An estate needs to be probated in the county where the decedent resided.  Whenever there is a death in New Castle County we must be involved 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 closest next of kin 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.