Delaware's Three Counties, Three Sets of Rules — and Zero Guidance on Any of Them
Delaware is one of only three states with just three counties. That sounds simple until you realize each county — New Castle, Kent, and Sussex — runs its own Register of Wills with its own forms, fee schedules, appointment rules, and executor commission structures. There's no statewide portal. No centralized system. Just three separate county offices, each expecting you to figure out their process on your own.
The free forms on county websites are blank legal shells. They don't explain the two-witness rule that makes or breaks a valid will. They don't mention the 10-day deadline to file an original will after death. They don't cover the new Transfer on Death Deed Act or the recently raised small estate threshold. And because Delaware doesn't allow out-of-state attorneys to waive into its bar, hiring a local firm for a basic estate plan means paying $3,000 to $6,000 — or $10,000+ for anything involving a trust.
Most people know they need a plan. The problem is knowing exactly which documents Delaware requires, how they interact, and which missteps silently invalidate them.
The Delaware Estate Protection System
The Delaware Basic Estate Planning Kit is a complete, plain-English walkthrough of every document and decision that stands between your family and Delaware's county probate courts.
This isn't a collection of blank forms. It's a step-by-step system that shows you which documents to complete, in what order, and exactly how they work together under Delaware's specific statutes — so nothing falls through the cracks when it matters most.
The kit covers the full spectrum of Delaware estate planning: will execution and witness requirements, durable powers of attorney, advance health care directives, the DMOST medical orders form, Transfer on Death deeds, small estate administration, probate avoidance strategies, digital asset access, and the county-by-county filing rules that trip up most people trying to handle this on their own.
What You Get — 11 Printable PDFs
- Complete Estate Planning Guide — 10 chapters covering Delaware's five essential documents, two-court system, intestacy rules, probate avoidance strategies, minor children's guardianship, trust advantages, digital assets, and tax obligations. Written in plain English with the Delaware code sections and thresholds that apply to your situation.
- Quick-Start Checklist — a compact reference of every document and deadline in priority order, with Delaware-specific thresholds that determine which steps apply to you.
- Asset Title Audit Worksheet — catalog every asset, identify how each is titled, and determine whether it passes through probate or outside of probate.
- Witness Eligibility Reference — side-by-side comparison of witness rules for each document type, so no signing appointment gets derailed by a disqualified witness.
- Small Estate Decision Tree — three-question flowchart to determine whether the estate qualifies for simplified administration under the $50,000 threshold.
- County Filing Reference — side-by-side comparison of New Castle, Kent, and Sussex county filing methods, closing fees, and procedures.
- County Probate Fee Schedule — complete fee reference for all three counties, including petition fees, inventory filing, short certificates, and closing rates.
- Intestacy Distribution Chart — visual guide showing how Delaware divides property between a surviving spouse and children under different family configurations, including the blended family allocation rules.
- Probate Process Timeline — the 14-step formal probate process from post-death filings through closing and distribution, with deadlines and form numbers for each step.
- Digital Asset Inventory — fillable worksheet for cataloging every online account, access method, and legacy contact before access is lost.
- Forms and Resources Directory — quick reference for all required Delaware estate planning forms, state resources, and county Register of Wills contact information.
Who This Is Built For
- Homeowners who want to pass property outside Delaware's county probate system — especially those considering the new Transfer on Death Deed as an alternative to a trust
- Parents who need to name guardians for minor children under Delaware Family Court rules
- Married couples protecting a surviving spouse from Delaware's intestacy defaults, which split property between a spouse and children from a prior marriage
- Adult children helping aging parents get powers of attorney and advance directives signed while legal capacity remains
- Blended families who need to prevent forced co-ownership between a surviving spouse and stepchildren
- New Delaware residents who relocated from another state and need documents that comply with Delaware's specific requirements
Why Not Just Use the Free County Forms?
Each county Register of Wills provides blank forms for basic filings. They're real legal documents — no question.
The problem is what they don't include. The forms don't explain that Delaware won't recognize a handwritten will without two competent adult witnesses. They don't warn you about the 10-day statutory deadline to deliver a will to the Register of Wills after death. They don't cover how the new Transfer on Death Deed defaults multiple beneficiaries to tenants in common — meaning if one child dies, their share passes to their own heirs, not your surviving children.
The counties give you the paperwork. The kit shows you how the pieces fit together and what goes wrong when they don't.
Why Not LegalZoom or Another Online Service?
National document generators charge $149 to $499+ for initial document creation, then bill you annually — $49 to $299 per year — just to maintain the ability to edit your own files. Cancel and you lose access to documents you already paid to create.
Worse, their standardized templates often lag behind Delaware's specific legislative changes. The Transfer on Death Deed Act took effect in December 2025. The small estate threshold increase took effect in June 2026. Generic national platforms don't capture these details, and they can't tell you which county Register of Wills requires an in-person appointment versus a mail-in affidavit.
The Delaware Basic Estate Planning Kit is a one-time purchase. No subscriptions, no annual renewal, no paywall between you and your own estate plan.
— Less Than One Hour of Attorney Time
Delaware estate planning attorneys charge $250 to $450 per hour. A basic will-and-power-of-attorney package runs $3,000 to $6,000. Trust-based plans routinely exceed $10,000.
The kit doesn't replace an attorney for complex situations — and it tells you exactly when you need one. But for the vast majority of Delaware families who need clear, legally compliant documents and a structured plan, the kit provides immediate protection at a fraction of professional fees.
And if you do decide to hire an attorney later, the asset inventory, beneficiary audit, and decision worksheets you've completed become your intake package — saving hours of billable time that would otherwise go to gathering basic information.
30-Day Money-Back Guarantee
Download the kit, review the guide and checklists. If the plain-English instructions don't clarify the exact steps needed to protect your family — or if you decide to hire a local attorney for a custom trust instead — email us within 30 days for an immediate, full refund. No questions asked.
Important notice: Bereavement Start Guide is a publisher of educational resources and legal templates. This kit assists individuals in organizing their estate affairs and completing standard statutory forms. It does not provide personalized legal, financial, or tax advice, does not act as a law firm, and does not establish an attorney-client relationship. For complex assets, multi-state property, or custom trust structures, consultation with a licensed Delaware attorney is strongly recommended.