Short answer — the core process

In Delaware, to transfer title to real property under a will you generally must have the will admitted to probate with the appropriate Register of Wills. The person named as executor (personal representative) or another appointed representative obtains court-issued authority (probate certificate or letters) and then executes and records a deed transferring the property to the devisee(s). If the property was owned jointly with right of survivorship, probate is usually not needed to change title.

Step-by-step explanation (what typically happens)

1. Find the original will and death certificate.

   You will need the original signed will (if there is one) and a certified copy of the decedent’s death certificate to start the probate process.

2. File the will with the Register of Wills.

   The will is filed in the county where the decedent was domiciled. In Delaware the Register of Wills handles admission of wills and issuance of probate documents. See the Delaware Courts Register of Wills information: https://courts.delaware.gov/register/.

3. Petition for probate and provide notice (if required).

   For an uncontested admission of a will, the Register will typically accept the will and admit it to probate after the required paperwork and fees are submitted. If there are known interested parties, notice rules and short waiting periods can apply. The Register will issue a certificate of probate or other document showing the will was admitted.

4. Obtain letters or a certificate empowering the personal representative.

   When a person is named executor and the will is admitted, they will receive documentation (letters testamentary or a certificate of appointment) that shows their authority to act for the estate. That documentation is what title companies and recorders look for when accepting transfers of real property.

5. Prepare and sign a deed from the personal representative to the beneficiary.

   The executor (or administrator if there was no will) will execute a deed conveying the real estate according to the terms of the will. The deed is signed by the personal representative, notarized, and must reference the probate authority and recording details as required by local recording offices.

6. Record the deed with the county Recorder/Recorder of Deeds.

   To effect the transfer against third parties and put title in the beneficiary’s name, the deed and usually a certified copy of the probate certificate and death certificate are recorded in the county where the property lies. Delaware county recording offices include New Castle, Kent, and Sussex counties (their county websites maintain recording requirements and fee schedules).

7. Clear title issues and pay taxes/fees.

   The executor should check for outstanding mortgages, liens, property taxes, or other encumbrances. These must be addressed before or at transfer. There may also be recording fees and possible transfer or documentary taxes depending on circumstances.

8. Situations that avoid regular probate.

   If the property was held jointly with right of survivorship (for example, joint tenants with right of survivorship) or placed in a trust, the property often passes outside probate. Real property located outside Delaware may require ancillary probate in that jurisdiction.

Key legal references and where to get forms

Delaware’s court system provides information about probate and the Register of Wills process: https://courts.delaware.gov/register/. Delaware statutes and code sections that govern probate and fiduciary duties can be found in the Delaware Code (online): https://delcode.delaware.gov/. For county-specific recording instructions, check the Recorder/Recorder of Deeds office for the county where the property is located (New Castle, Kent, or Sussex).

Common questions people ask

Do beneficiaries need to go to court?

Beneficiaries don’t normally need to attend court hearings if probate is uncontested. The Register of Wills handles the admission and issues the probate certificate. If there is a dispute, a contested proceeding may require court involvement.

How long does it take?

Times vary. Simple, uncontested admissions and issuance of letters can be done in weeks. Complex estates, disputes, or out-of-state property can add months.

Can the title be transferred without appointing an executor?

Not usually. To transfer legal title for property that is solely in the decedent’s name, a person with legal authority (executor/administrator) must sign the deed. Exceptions are joint tenancy, survivorship accounts, certain trust arrangements, or statutory small-estate procedures when applicable.

Helpful hints

• Start by locating the original will and getting certified copies of the death certificate.
• Contact the Register of Wills in the county where the decedent lived for the exact filing packet and fee schedule: Delaware Register of Wills.
• If you are the named executor, get certified copies of any probate certificate or letters — recorders and title companies will ask for them.
• Check the land records to see how the decedent took title (sole owner, joint tenancy, tenant in common). That determines whether probate is required.
• Expect to pay recording fees and to clear any mortgages or liens before clean title can pass.
• If the decedent held property in another state, you may need ancillary probate there; plan for additional steps and time.
• If disputes arise (e.g., competing wills or creditor claims), consider getting legal advice quickly — disputes can delay transfers.