Short answer

Delaware does not commonly use the term “solemn form” in everyday probate filings, but the concept exists: use a formal, in-court probate proceeding when the will’s validity is disputed, when the original will is missing or suspected forged, or when witnesses must testify live to prove execution. For most straightforward, uncontested wills Delaware allows routine probate filings with supporting affidavits or a self-proved will instead of a full in-court proving.

What people mean by “solemn-form” probate

“Solemn-form” probate usually refers to a formal court proceeding to prove a will by live testimony of attesting witnesses and other evidence. It is the most rigorous method to establish a will’s authenticity and to resolve contested issues about how a will was made, whether it was revoked, or whether undue influence or forgery occurred.

How Delaware handles probate (overview)

Delaware handles decedents’ estates under Title 12 of the Delaware Code. Routine admissions of wills and administration of estates typically begin at the Register of Wills office in the county where the decedent lived. Many wills can be admitted by filing the original will and required paperwork; some jurisdictions accept a “self-proved” will (notarized affidavit) or affidavits to establish proper execution without witness testimony. For contested or factually complicated matters, a formal court proceeding may become necessary.

See Title 12, Delaware Code (Decedents’ Estates): https://delcode.delaware.gov/title12/

For practical filing and Register of Wills information by county: https://registerofwills.delaware.gov/

When to choose a formal (solemn-style) probate proceeding in Delaware

• Will validity is disputed: If an interested person alleges the will was forged, the testator lacked capacity, or the document was signed under undue influence, a formal court hearing with witness testimony is the proper forum to resolve those factual disputes.
• Original will is lost or destroyed: When the original will cannot be produced, you may need to prove reason for loss and present secondary evidence and live testimony. That often requires a formal in-court proving to admit a copy.
• Multiple competing wills or beneficiaries dispute terms: When two documents conflict or beneficiaries challenge distribution, judges may require formal proof and adversarial hearings.
• Complex forensic or documentary issues: If handwriting authentication, expert evidence, or contested notarial acts are involved, a court proceeding allows sworn testimony and expert witnesses to be heard.
• Preventing future collateral attack: A full in-court record with testimony can reduce the risk of successful later challenges by creating a more complete factual record.

When you usually don’t need a formal proceeding

• The decedent left a clearly executed, attested original will (and it is not contested).
• The will is “self‑proved” by a notarized affidavit (accepted in many filings), allowing probate without witness testimony.
• The estate qualifies for simplified or small‑estate procedures under Delaware law (see Register of Wills guidance).

Typical steps if you need a formal in‑court probate

1. Contact the Register of Wills in the county where the decedent lived to learn local filing requirements and to file a petition to admit the will. (See Register of Wills – Delaware.)
2. Prepare and serve notice to interested persons and potential beneficiaries so they can appear and contest if they choose.
3. Gather witness contact information, affidavits, the best available originals or copies, and any expert reports (e.g., handwriting, notary practice).
4. If the will is contested, expect discovery (document requests, depositions) and a court hearing where witnesses testify under oath.
5. Present live witness testimony and documentary evidence at the hearing so the court can rule on admissibility and validity.

Evidence and proof you should prepare

For a formal proving you will want:

• The original will, if available, and reliable copies if not.
• Contact details for attesting witnesses and anyone who observed the signing.
• Medical records or physician testimony if capacity is disputed.
• Communications, drafts, or other documents that shed light on the testator’s intent.
• Notary records or other evidence if the will claimed to be notarized or self‑proved.

Alternatives to a full in‑court proving

• Filing a self‑proved will (if the will already contains a valid self‑proving affidavit).
• Using small‑estate or summary procedures when the estate qualifies under Delaware rules.
• Negotiation or mediation among heirs to avoid litigation and a contested hearing.

Costs, timing, and practical considerations

Formal contested probate proceedings take longer and cost more because of pleadings, discovery, possible expert witnesses, and a court hearing. If the conflict involves significant assets or serious allegations (forgery, undue influence, incapacity), the cost of failure to pursue a formal record can exceed litigation costs. For routine estates, informal probate paths are quicker and cheaper.

When to consult an attorney

Talk to an attorney if the will is missing, someone alleges forgery or undue influence, multiple documents conflict, or a beneficiary threatens or files a contest. An attorney can advise whether you should seek a formal in‑court proving or try an uncontested filing. The Register of Wills can provide procedural information, but it cannot give legal advice.

Helpful hints

• Preserve the original document and keep it in a safe place; copies are weaker evidence than originals.
• Collect witness contact information immediately—memories fade and witnesses may move.
• Ask the Register of Wills early about county-specific forms and fee schedules: Register of Wills.
• Keep an organized file (documents, communications, medical records) to support capacity or to refute claims.
• Consider early mediation if family conflict exists—sometimes a negotiated resolution avoids expensive litigation.
• Remember deadlines for contests—court rules set time limits for bringing challenges. Check Title 12 and local court rules for timing guidance: Delaware Code, Title 12.