Delaware Probate Forms: Which Ones You Actually Need and When to File Them

Delaware's probate system runs on specific forms, and the Register of Wills will reject documents that do not match what they expect. The forms themselves are not complicated — the challenge is knowing which form applies to your situation, when to file each one, and what errors will cause a rejection and trigger penalties.

Here is a practical breakdown of the core Delaware probate forms and how they fit into the timeline.

Form 600 RW — The Inventory

The Inventory is the most consequential form in Delaware probate. Filed within three months of the grant of Letters Testamentary or Administration, it catalogs every solely owned personal property asset and all real estate, with fair market values assigned as of the date of death.

What it must include:

• All personal property owned solely by the decedent (bank accounts, investment accounts, vehicles, personal property)
• Joint assets (with ownership percentages noted)
• Real estate located in Delaware

The form must be notarized before filing. The Register of Wills will reject and return an Inventory that contains errors, and multiple rejections create additional penalties and delays.

Sussex County warning: In Sussex County, the Inventory does more than serve as an accounting document — it functions as the deed to pass real estate to heirs. An inaccurate property description, missing tax parcel numbers, or typographical errors in a Sussex County Inventory break the chain of title. That defect typically surfaces years later when heirs attempt to sell or refinance, requiring costly legal remediation. Sussex County executors should treat the Inventory with the same precision as a real estate deed.

Extensions on the Inventory filing (up to six months) are available, but they require a formal written application and explicit approval by the Chief Deputy Register.

Form 650 — No Asset Form (No Assets Subsequently Received)

Form 650 is used when the estate has already been inventoried and accounted for, but at the time of closing, no additional assets came in after the Inventory was filed. It is the "nothing new happened" form for the closing stage.

This is where a common mistake occurs: executors confuse Form 650 with Form 651. Filing the wrong form causes the Register to reject the filing and return it, which can trigger a late filing penalty if the rejection pushes the accounting past the one-year deadline.

Form 651 — No Asset Form (No Assets at All)

Form 651 is used when the estate has absolutely no assets — not that assets were exhausted, but that the decedent owned nothing subject to probate administration in the first place. This form is appropriate when the estate was opened primarily for formal administrative or legal purposes (for example, to formally close an account or establish legal authority), but there were no assets to inventory.

When you discover assets after filing a Form 651, you must file a new inventory and notify the Register. Failing to report subsequently discovered assets is a serious breach of fiduciary duty.

Beneficiary Waiver Forms

After the Final Accounting is filed and approved, the executor distributes the remaining assets to the beneficiaries. Each beneficiary must sign a release (waiver) confirming they received their distribution and waiving any claims against the estate or the executor.

These releases are filed with the Register of Wills as part of the estate closing. In Sussex County, there is a $5 fee per beneficiary release filed. The executor should not distribute assets and close the estate until all releases are obtained and filed — a missing waiver leaves the executor exposed to future claims from that beneficiary.

Beneficiary release forms vary slightly by county — obtain the correct version from the Register of Wills in your county, not from a generic online source.

The Final Accounting Form (e.g., Sussex SC30)

The Final Accounting — due within one year of the grant of Letters — is the comprehensive reconciliation of the estate. The specific form designation varies by county. In Sussex County, this form is often referred to as the SC30. New Castle and Kent counties use their own designated forms.

The Accounting begins with the Inventory total, adds any income generated during administration (interest, rents, dividends), and subtracts all allowable deductions:

• Administrative costs (court fees, bond premiums, accountant fees)
• Funeral and burial expenses
• Valid creditor claims paid
• Attorney fees and executor compensation

The resulting figure is the net personal estate, which is the basis for the Register of Wills' percentage-based closing fee:

• New Castle County: 1.75% + 0.25% technology fee = 2.0% effective rate
• Kent County: 1.75%
• Sussex County: 1.25%

One critical rule: early distributions to beneficiaries are not considered estate expenses. You cannot subtract a distribution to a beneficiary as a deduction — only legitimate administrative costs reduce the net personal estate.

A mathematical error in the Accounting triggers a rejection. The Register of Wills requires at least ten business days to review an Accounting submission, and repeated rejections compound delays and fees.

The Affidavit That No Delaware Estate Tax is Required

Delaware abolished its state estate tax for decedents dying on or after January 1, 2018. However, the estate must still formally clear its tax status with the Register of Wills, particularly when real estate transfers are involved. This affidavit — filed with the Register or alongside deed recordings — confirms the estate is not subject to the repealed tax and clears the title for property transfers.

Even though no tax is owed, skipping this filing can cause title companies to flag real estate transfers as potentially encumbered.

Short Certificates — Not a Form, But Essential

Short Certificates are not a form you fill out — they are certified proof of the executor's authority, issued by the Register of Wills at $3.00 each. They are essential for:

• Opening an estate bank account
• Accessing and closing financial accounts
• Transferring vehicle titles at the DMV
• Dealing with life insurance companies and pension administrators

Order more than you think you need. Banks, financial institutions, and agencies frequently require an original Short Certificate for each transaction. In Sussex County, Short Certificates expire after 60 days, which means long-running estates may need to request renewals.

Rule 190 Petition — Waiving the Personal Appearance

This is a procedural petition, not a substantive estate form. Court of Chancery Rule 190 allows the executor to waive the in-person appearance requirement at the Register of Wills if represented by an attorney admitted to practice before the Delaware Supreme Court. This is relevant at the estate opening stage, not the closing stage.

If you are represented by a Delaware attorney, confirm whether they will file the Rule 190 petition to handle your opening without requiring you to appear in person.

Getting the right form to the right office on time prevents the cascading penalties that make Delaware probate far more expensive than it needs to be. The Delaware Probate Process Guide includes a county-specific forms checklist, the exact sequence of filings, and guidance on calculating the net personal estate so there are no surprises at the one-year accounting deadline.

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