Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Understand Delaware’s Probate System
In Delaware, the Register of Wills in each county handles probate matters. A probate estate opens when someone files a petition with the Register of Wills under the authority granted by Delaware Code Title 12, Chapter 13. You can review these statutory procedures at 12 Del. C. Ch. 13.
2. Identify the Decedent’s County of Residence
Probate filings occur in the county where the decedent lived at death. Delaware has three Registers of Wills:
- New Castle County Register of Wills
- Kent County Register of Wills
- Sussex County Register of Wills
If you don’t know the county, check the decedent’s last address on the death certificate.
3. Search Probate Records Online or In Person
Many counties provide an online index. Search by the decedent’s full legal name and date of death:
- New Castle County: Online Index
- Kent County: call or visit the Register of Wills office
- Sussex County: call or visit the Register of Wills office
If online search isn’t available, visit the Register of Wills office and request a docket search. A fee may apply.
4. Review Probate Filings and Docket Numbers
Once you locate an entry, note the estate’s docket number. This confirms the estate’s opening. You can then request copies of petitions, wills, and inventories.
5. Know the Statutory Basis
Under Delaware law, executors file the original will with the Register of Wills per 12 Del. C. § 1701. The Register’s records create the public notice that an estate is open.
Helpful Hints
- Have the decedent’s full legal name, date of death, and last known address ready.
- Bring a certified copy of the death certificate when you visit in person.
- Be ready to pay nominal search or copying fees.
- Use wildcard searches for name variations (e.g., “Jon*” for Jonathan).
- If records date back before computerized indexing (pre-1988), contact the Delaware Public Archives at archives.delaware.gov.