You Didn't Plan for This. Delaware's Probate System Doesn't Care.
Someone just died. You've been named executor — or you're the closest relative, so the job falls to you by default. Either way, Delaware's Register of Wills expects you to figure out which county courthouse handles the filing, which of the dozens of forms to use, and how to avoid the mistakes that make you personally liable for the estate's debts.
The county clerks can hand you forms. They are legally prohibited from telling you which ones you need, how to fill them out, or when to file them. The attorneys can walk you through it — for about $15,000 on average. And the national checklists from sites like Atticus? They don't know that Sussex County rejects double-sided forms, that New Castle charges a technology fee the other two counties don't, or that a vehicle TOD form filed with the decedent's papers is legally worthless if the DMV never processed it during their lifetime.
The Delaware Estate Settlement Roadmap
This guide is a complete administrative roadmap built specifically for Delaware's three-county probate system. It translates Title 12 of the Delaware Code into plain English and walks you through every step — from the first phone call to the funeral home through the final distribution of assets and closing the estate.
It's not generic. It covers the exact differences between New Castle, Kent, and Sussex counties. The different closing fees (1.25% in Sussex, 2.0% in New Castle). The different Short Certificate costs. The formatting rules that get filings rejected. The deadlines that — if you miss them — trigger compounding fines or make you personally responsible for estate debts.
What's Inside
The Small Estate Decision
Delaware lets you skip formal probate entirely if the estate qualifies. The guide explains the exact $30,000 threshold, what counts as "solely owned personal property" versus non-probate assets, and the single disqualifier that catches most families off guard: owning any real estate in Delaware, regardless of its value.
County-by-County Filing Guide
New Castle, Kent, and Sussex each run their own Register of Wills with different fees, different hours, and different rules. The guide includes a comparison matrix so you know exactly what to expect at your county's office — including which counties allow mail-in filings and which require in-person appointments.
The Three Deadlines That Protect You
Miss the 3-month inventory deadline and you face compounding fines. Distribute assets before the 8-month creditor window closes and you're personally liable. File the final accounting late and the court can remove you as executor. The guide maps every deadline on a timeline so nothing sneaks up on you.
Vehicle and Real Estate Transfers
The guide covers Form MV11 (small estate vehicle transfer), Form MV14 (the temporary driving permit that keeps you legal), and the critical TOD processing trap that invalidates unprocessed vehicle transfer forms. For real estate: joint property affidavits, the new TOD deed law, Recorder of Deeds fees by county, and when property ownership triggers mandatory probate.
Creditor Management Scripts
Delaware's debt priority hierarchy determines who gets paid first. The guide explains the order, provides scripts for creditor phone calls (so you never accidentally agree to assume personal liability), and walks through the process of rejecting invalid claims.
Surviving Spouse Protections
The $7,500 priority allowance, the one-third elective share, and the augmented estate rules that pull revocable trust assets back into the calculation. If you distribute assets before the spouse's claim window closes, you face surcharge actions in the Court of Chancery.
Tax Filing Instructions
Delaware repealed its state estate tax in 2018 — but that's not the full picture. The guide covers the decedent's final income tax return, Form FID-TAX for estate income, extension procedures, and when you need to hire a CPA.
Every Form, Referenced by Name and Number
Opening Petition, Form 600.RW (Inventory), Forms 25A/25B/25C, Small Estate Affidavit, Jointly Held Affidavit, Form NDETRR99, MV11, MV14, MV2025, Form FID-TAX, Form FID-EXT, Form FID-EST — all in one reference appendix with what each one does and when to file it.
Standalone Printable Tools
In addition to the guide, your purchase includes 6 standalone PDFs you can print and use independently:
- Asset Inventory Worksheet — catalog every asset category for Form 600.RW with a summary totals page and closing cost reference
- County Comparison Sheet — side-by-side comparison of fees, rules, and closing costs for New Castle, Kent, and Sussex
- Creditor Management Scripts — phone scripts, debt priority hierarchy, and claim rejection steps to keep by the phone
- Forms Reference Card — all 16 Delaware probate forms on one landscape page with filing locations
- Probate Decision Tree — visual flowchart to determine your settlement track
- Settlement Timeline — month-by-month deadline map from Day 1 through estate closing
Who This Is For
- Named executors — whether you expected this role or it was a surprise
- Surviving spouses — navigating frozen accounts and understanding your legal protections
- Adult children — especially those settling a parent's estate from out of state
- Families without a will — Delaware's intestate succession rules determine everything
- Anyone facing Delaware probate — without paying attorney rates for information you can learn yourself
Why Not Just Use the Free Government Forms?
The forms are free. Nobody disputes that. You can download every single one from the Register of Wills website right now.
What you can't get for free is someone telling you which forms you actually need, what order to file them in, how to fill in the fields that trip up first-time executors, or what happens when Sussex County rejects your inventory because you printed it double-sided. The clerks are legally barred from helping you with any of that.
This guide is the instruction manual that should have come with the forms. It bridges the gap between "here are the PDFs" and "here's what to actually do with them" — without the $15,000 attorney bill.
Risk-Free Guarantee
If this guide doesn't save you hours of confusion, courthouse hold-music, and second-guessing in your first week as an executor, email us for a full refund. No questions, no hoops.
Start With the Free Checklist
Not ready for the full guide? Download the Delaware — First 48 Hours Checklist for free. It covers the immediate actions you need to take right now — securing property, ordering death certificates, and determining your settlement track. When you're ready for the full process, the complete guide will be here.