Probate and Recording Deeds in New Castle County (Wilmington), Delaware
Where to file a will or open probate, and where to record a deed, in New Castle County (Wilmington) — with the state rules that apply.
Probate court
New Castle County Register of Wills (clerk of the Delaware Court of Chancery)
Delaware rules that apply
| Small estate affidavit | If the decedent's personal property (not counting jointly owned property and certain exempt items) is worth $50,000 or less and the decedent owned no Delaware real estate in their own name or as a tenant in common, a spouse, close relative, trustee of the decedent's trust, a qualified named executor or a licensed Delaware funeral director can collect the personal property by sworn affidavit. At least 30 days must have passed since death, no personal representative petition can be pending or granted, all known debts must be paid or provided for, and the surviving spouse's allowance must be paid, provided for, waived or expired. The affidavit is given to whoever holds the property. The limit was raised from $30,000 to $50,000 by 85 Del. Laws c. 281 (House Bill 333, approved June 10, 2026). The Register of Wills in each county handles small estate affidavits. Re-verified 2026-10-27. Source: 12 Del. C. § 2306 |
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| Probate steps | Probate is opened with the Register of Wills in the county where the decedent lived. The main steps are: the will is proved and letters testamentary or of administration are granted (after any required bond); the Register posts and publishes notice to creditors within 40 days of the grant of letters; the personal representative files an inventory and appraisal within 3 months after letters (with a copy in any other county where the decedent owned real estate); claims and expenses are paid; and the personal representative files an account every year from the date of letters until a final account is approved and the estate is closed. The personal representative generally has 1 year from the date of letters to settle the estate. Re-verified 2026-10-27. |
| Signing and recording a deed | A deed is acknowledged before a notary public, a Delaware judge, the Superior Court, 2 justices of the peace of the same county, or the Mayor of Wilmington (deeds signed outside Delaware may be acknowledged as allowed for out-of-state acknowledgments). The grantee's address must be placed on or attached to the deed. Deeds are recorded with the Recorder of Deeds in the county where the land is located. Delaware's state realty transfer tax is 3% of the property's value, or 2.5% where the county or town levies its full 1.5% local transfer tax (about 4% combined in those places); the state tax is split equally between seller and buyer unless an exemption applies. Transfer tax exemptions (for example for certain family transfers) are listed in 30 Del. C. § 5401; check with the county recorder before recording. Re-verified and corrected 2026-10-27. |
| Transfer-on-death deed | Yes. An owner may transfer real estate to one or more beneficiaries at death with a transfer on death deed. The owner needs the same mental capacity as for a will. The deed must have all the formalities of a recordable deed with notarized signatures, be witnessed by 2 people (at least one not a beneficiary), state that the transfer happens at the owner's death, and be recorded with the county recorder of deeds before the owner dies. It can be revoked by a later recorded instrument, not by tearing it up. The statute includes an optional form. Delaware's transfer on death deed law was added by 85 Del. Laws c. 212. Re-verified 2026-10-27. |
All Delaware wills, probate and estate rules · Eviction court and tenant help in New Castle County (Wilmington)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.