Detailed Answer

In Delaware, estate files (also called probate or Orphans’ Court records) are public records maintained by the Register of Wills or the Orphans’ Court in each county. You can request copies of wills, inventories, accounts, petitions, orders, and other documents after a person’s death. Follow these steps to gather the right information and make a successful request.

1. Identify the Proper Office

Delaware has three counties, each with its own office:

New Castle County: Orphans’ Court, New Castle County Courthouse
Kent County: Register in the Kent County Courthouse
Sussex County: Register in the Sussex County Courthouse

Check each office’s website or call ahead for hours and fees.

2. Gather Required Information

Before you submit a request, collect as much of the following as possible:

Decedent’s Full Legal Name: As shown on the death certificate and probate petition.
Date of Death: Month, day, and year.
County of Probate: Where the estate was opened.
Probate Case Number (if known): Often on published notices or online indexes.
Name of Personal Representative: Executor or administrator appointed by the court.
Your Relationship or Interest: Heir, beneficiary, attorney, or other interested party.
Specific Documents Requested: Wills, inventories, accountings, petitions, orders, etc.
Contact Information: Your name, address, telephone number, and email.
Fee Payment Method: Most offices accept checks or money orders; some accept credit cards.

3. Submit Your Request

You can request estate files in person, by mail, or (in some counties) online:

In Person: Visit the courthouse, complete a request form, and pay the copying fee.
By Mail: Send a written request with all required information and a check for the fee to the appropriate office address.
Online: Use Delaware Courts eAccess (subscription may be required) or check if the county offers an online records portal.

4. Understand Fees and Processing Times

Under 12 Del. C. § 3916, the Register sets copying fees (usually per page). Public record requests may take several business days. Rush service may incur extra charges.

Relevant Delaware Statutes

12 Del. C. § 3906 – Access to Orphans’ Court Records
12 Del. C. § 3916 – Copying Fees

Helpful Hints

Verify the decedent’s name and date of death using a certified death certificate.
Search online indexes before calling or visiting the courthouse.
Ask if the office offers certified copies versus plain copies and note the fee difference.
Keep copies of your written requests and any correspondence for your records.
If you represent a client, include a signed authorization or power of attorney.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Delaware attorney for guidance on your specific situation.