Probate Court in Delaware: Where Families Start

People often search for "probate court" after a death in the family. In Delaware, the answer involves two offices rather than one: the county Register of Wills, where estates are usually opened and administered, and the Court of Chancery, which hears disputes over estates, trusts, and similar matters. This guide explains how the two fit together and how to get started.

The Register of Wills: where estates usually begin

In Delaware, estates are administered through the Register of Wills office in the county involved. Sussex County's Register of Wills page describes the office as responsible for the efficient administration of all estates being probated in that county. It says the Register of Wills grants authority to personal representatives to administer estates and is responsible for making sure those administrations follow Delaware law.

The same page shows the kinds of services the office handles. Sussex County requires appointments for:

• opening a probated estate,
• closing a probated estate,
• ancillary estates (generally, estates connected to property of a person who lived elsewhere),
• and depositing a will for safekeeping.

It also explains that estate searches are requested through an Estate Search Request Form rather than by email. Each county's office sets its own hours and procedures, so contact the Register of Wills in the county where your family member lived before you go.

The Court of Chancery: when disputes arise

The Delaware Court of Chancery is a court of equity. Its jurisdiction page says that in today's practice its cases consist largely of corporate matters, trusts, estates, and other fiduciary matters, along with disputes over land, questions of title to real estate, and commercial and contract matters.

For families, this means that if there is a contest over a will, a disagreement over how an estate is being handled, or a question about a trust, the matter may end up in the Court of Chancery. The Court of Chancery also handles guardianships, where a guardian is appointed to make medical or financial decisions for someone.

The court notes that civil filings in the Court of Chancery must be filed electronically by an attorney licensed to practice in Delaware. People who are representing themselves, or who have not yet hired Delaware counsel, are directed to contact the Register in Chancery for guidance on other ways to submit filings. The court also publishes a Guide for Self-Represented Litigants in Civil Actions.

What probate does

Probate is the process of settling a person's affairs after death. It generally includes:

• confirming whether there is a valid will,
• giving someone legal authority to act for the estate (a personal representative),
• gathering property and paying valid debts and expenses,
• and distributing what is left to the people entitled to it.

Some property may pass outside the estate, such as accounts with a named beneficiary or jointly owned property. Whether an estate needs to be opened, and how, depends on the facts and on Delaware law. A lawyer or the Register of Wills staff can explain the general procedure, but only a lawyer can give legal advice.

First steps for families

1. Get copies of the death certificate. Many institutions will ask for one.
2. Find the original will, if there is one. Check home files and the office of any lawyer your relative used. Ask the Register of Wills whether a will was deposited there for safekeeping.
3. List property and debts, including real estate, bank and retirement accounts, vehicles, insurance, and major bills.
4. Keep property safe and insured while the estate is being handled.
5. Wait before distributing items until a personal representative has authority.
6. Contact the county Register of Wills to learn how to open the estate and what documents to bring.

When a Delaware probate lawyer can help

A lawyer can be especially helpful when:

• there is no will, or the will may be challenged,
• family members disagree about the estate or the personal representative,
• the estate includes real estate, a business, or property in another state,
• a trust is involved,
• debts may be larger than the estate,
• or a guardianship may be needed for a minor or an adult who cannot manage their affairs.

If a dispute is likely to reach the Court of Chancery, keep in mind that the court's electronic filing system is set up for Delaware-licensed attorneys. That alone is a reason many families talk to a lawyer early.

Our page on estate planning and probate explains what these lawyers generally do, and you can browse lawyers in Delaware by practice area. Confirm that any lawyer you hire holds an active Delaware license.

Questions to ask at a first consultation

• Does this estate need to be opened with the Register of Wills?
• Which county should we use?
• What will the personal representative need to do, and by when?
• Is a dispute likely to go to the Court of Chancery?
• How do you charge, and which costs are separate?
• What can our family handle on our own?

Free and low-cost help

The Delaware courts' Self-Help Center offers information to help people find assistance, work with an attorney, and represent themselves in some legal matters, along with an informational video series on court processes. For Delaware state agency contacts, see the USAGov state governments page.

Frequently asked questions

Does Delaware have a probate court?

Delaware handles probate through the Register of Wills office in each county, while the Court of Chancery hears disputes involving estates, trusts, and other fiduciary matters.

What does the Register of Wills do?

Sussex County describes its Register of Wills as responsible for administering estates probated in the county and granting authority to personal representatives. Each county office sets its own procedures, so check with yours.

Do I need a lawyer to go to the Court of Chancery?

Civil filings in the Court of Chancery must be filed electronically by a Delaware-licensed attorney. Self-represented people should contact the Register in Chancery about other ways to file.

Can I deposit a will with the Register of Wills?

Sussex County lists depositing a will for safekeeping among its services, by appointment. Ask your county's office about its process.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.