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

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FAQ - Register of Wills

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 General Information

 expand What does the Register of Wills office do?
 expand How do I see the Will of someone who died in Kent or Sussex County?
You should contact the office of the Register of Wills in the county in which the person who died domiciled at their time of death. To reach the Kent County Register of Wills, call (302) 744-2330. To reach the Sussex County Register of Wills, call (302) 855-7875.
 expand If I put my Will in for safekeeping at your office, can other people see it?
 expand What is the format of your records?
It varies. Older estates are stored on microfiche or microfilm depending on the age. The more recent estates are kept as paper files. We hope to have documents available online in the near future.
 expand Are your records available on the internet?
 expand How can I get a "Power of Attorney"?
You should seek professional advice to get a power of attorney. The Register of Wills office does not draw up Wills, powers of attorney, "living wills", or other legal documents. Please note that a power of attorney and related documents become void after death.
 expand A person who died owed me money. How do I file a claim against the estate?
 expand What is an estate?
An estate is everything a person owns (excluding assets in a trust) at the time of death, including money, real estate, collections, tools, appliances, jewelry, etc.
 expand How far back do your records go?
 expand Do you have estate records for the entire state?
NO. We only have records for people who were domiciled in New Castle County at the time of their death. To see if we have a file for a decedent, you can visit our Wills Finder.
 expand A relative of mine recently passed away. How can I find out when the estate is opened?
 expand How can I get a copy of a death certificate?
The Register of Wills office does not supply death certificates. The Office of Vital Statistics provides information on death certificates and can be reached at (302) 995-8586.
 expand Who do I contact regarding estate or inheritance taxes?
 expand How do I get copies of Wills, etc. from the Register of Wills?
Copies of Wills and other estate documents can be ordered through our office. There is a fee for this depending on the type of copy and number of pages (Please see our fee schedule). Copies can be obtained by sending a written request with payment to: New Castle County Register of Wills, 2nd Floor, Louis L. Redding City/County Bldg., 800 North French Street, Wilmington, DE 19801. You can also visit the Register of Wills office to make your own copies or call us at (302) 395-7800.
 expand Who can get copies from an estate file?

 Personal Representatives

 expand Who distributes my inheritance?
The personal representative distributes the assets of an estate. This person is either named in the will (executor) or else it is the next of kin or an appointee of the Register of Wills, determined by Delaware law (administrator). Felons and incompetents cannot serve as personal representatives. In addition, both executors and administrators can decline to serve or renounce if they so choose. Note: Sometimes, more than one person is named or appointed. They are co-executors or co-administrators.
 expand If someone is named as executor in the will, does that person still need to go to the Register of Wills office?
 expand Who is in charge of submitting the necessary paperwork to begin the probate process?
The personal representative.
 expand How does the personal representative get the authority to conduct business?
 expand What if the personal representative (executor) does not wish to serve?
The personal representative can renounce his or her duties in writing and the named alternative or the next of kin according to Delaware law will then act as the personal representative.
 expand What if the named personal representative wishes to be removed after being appointed?
 expand What are the duties of a personal representative?
The responsibilities of a personal representative include filing a certified copy of the death certificate, paying the costs to open the estate (varies depending on value of solely held personal property), post bond if necessary, publish legal notice of the filing of the petition in a local newspaper to give creditors notice, collect, manage and protect all probate assets, file an inventory of the assets within 90 days of opening the estate, pay the debts of the decedent, file an accounting with the Register of Wills office within one year of opening the estate, and close the estate at the Register of Wills office (there are also closing fees). For more information, please refer to page 14 in our brochure, Your Will and the Delaware Probate Code or call us at (302) 395-7800.
 expand What if I am not satisfied with the way the personal representative is performing his or her duties?

 Probate Process

 expand When is it necessary to probate an estate?
If the person who died had more than $30,000 (if the date of death is after 5/1/2004) in personal property in his or her name alone or if the person who died had real estate in his or her name alone, it is then necessary to probate the estate.
 expand What is the procedure to probate an estate with a will?
 expand What are the steps involved in the probate process?
First, the Will must be filed with our office and proven. Then, if there is solely owned real estate or if the assets are $30,000 or more, "letters" or authority are granted to the personal representative. Shortly thereafter, the personal representative must file an inventory of assets. Fees, taxes and creditors must be paid if necessary. An accounting should be submitted to the Register of Wills office within one year of opening the estate. Then the estate is closed and the assets are distributed.
 expand Who is in charge of submitting the necessary paperwork involved in the probate process?
 expand How does a deed for inherited real estate get transferred?
The Register of Wills does not prepare or record deeds. You should contact your lawyer or contact the Recorder of Deeds office for the county in which the land is located. If it is New Castle County , the Recorder of Deeds office can be reached at (302) 395-7700.
 expand What if the only property was jointly owned?
 expand What if the only asset was a motor vehicle?
If a decedent does not have solely owned real estate and has less than $30,000 in solely owned personal property, then the closest next of kin (spouse, children, parents, brothers and sisters, grandchildren, grandparents and funeral directors, in that order) may obtain possession of that personal property by executing a "small estate affidavit" at the Office of the Register of Wills thirty days after the date of death. To view a pamphlet about the transfer of motor vehicles and small estate affidavits after a person passes away, click on small estate in the menu on the left.
 expand What is a small estate affidavit and how can I get one?

 Wills

 expand What is a Will?
A will is a written plan. It is a set of legally enforceable orders directing the transfer of property to the named beneficiaries effective upon the death of the maker. A will controls what happens to assets that are not in a trust.
 expand Where should I keep my Will?
 expand Can I leave instructions about my funeral?
Yes. It is a good idea to prepare a Letter of Last Instruction so your heirs or executor(s) can locate your Will and other important documents. This letter may explain where you keep your Will, the names and addresses of people you would like to be notified of your death, and where to find documents such as titles, deed, stocks, bonds, insurance policies, etc. It may also explain how to contact your employer in order to receive death benefits, and where your safe deposit key can be found. This letter may also include instructions for your funeral and burial. A law passed in 2004 gives you more control of funeral and burial arrangements than in the past. Be sure to speak with a licensed funeral director to get a full explanation.
 expand What happens to your Will after you die?
 expand What happens if I die without a Will?
If you die without a Will or your Will is rejected, your estate is considered to be "intestate". Intestate estates are divided among the decedent's spouse and other heirs according to Delaware's laws. For more information, please refer to page 3 of our Your Will and the Delaware Probate Code brochure.
 expand If the decedent didn't have any assets does the Will still have to be filed?
 expand How do I make a "Living Will"?
A living will specifies to what extent you would like to be kept alive if you are terminally ill or become incapacitated. It also appoints your health care agent, who will make health care decisions on your behalf. It is important to specify your wishes in writing so your entire family can be certain when making important decisions about your health care. The Delaware Attorney General office has created a pamphlet about end of life decisions. A copy of a living will can be downloaded at www.state.de.us/attgen/.
 expand What is a trust?
 expand Can a will be filed with the Register of Wills before death?
Yes, the maker of a will or the maker's attorney can bring the ORIGINAL will to the New Castle County Register of Wills office. This is called "Wills for Safekeeping". There is a one-time fee of $10.
 expand Who can withdraw a will once it has been placed in safekeeping at the New Castle County Register of Wills office?
 expand Should I have a Will?
There are many good reasons to have a Will. You may wish to leave your estate to persons who might not otherwise receive any property or the amounts you desire, under the laws that control what happens when someone dies without a will. A will may also avoid family squabbles. Wills are also used to protect your minor children by naming possible guardians for them. Properly drawn Wills make estate planning easier when the goal may be avoiding death taxes.
 expand Can the Register of Wills prepare my will for me?
 expand What should I do to prepare to make my Will?
We strongly encourage you to seek professional advice to draw up your Will. Whenever possible, a lawyer should draft your will to avoid problems which may either make the will useless or cause misinterpretation of its terms. Lawyer fees vary and you should ask about cost during your initial contact with the lawyer's office. If you do not know a lawyer experienced in drafting wills, please call the Delaware State Bar Association at (302) 658-5279 or call the Register of Wills office at (302) 395-7800 to request a list of attorneys who frequently handle estates. Please note that the Register of Wills office provides this list as an aid; it does not list every attorney in Delaware who practices in this area and this list is not intended as an endorsement of any particular attorney. BEFORE you meet with your attorney, make a list of your personal property, money, and real estate holdings. Locate your deed, account statements, and insurance policies. List people to whom you want to leave property. Make sure you choose your executor carefully.
 expand What makes a Will valid?
 expand Are holographic wills (written entirely in the testator's handwriting) legal in Delaware?
They are only valid if other legal requirements are met, including 1) the maker must be 18 and of sound mind, 2) the will must be in writing and signed by the maker or a person writing the maker's name in his or her presence and at the maker's direction, and 3) The will must be witnessed by two or more credible witnesses who write their names in the presence of the maker.
 expand Is a Will made in another state valid in Delaware?
 expand What makes a Will proven?
A Will is "proven" when its witnesses swear to its validity. It is "self-proved" when the signatures appearing on the Will were previously notarized. If a Will is not proven, it is rejected and has no force or effect.
 expand Can I change my Will?