How to Use Delaware Probate FormsWhy the filing path comes before the form number
The form finder groups records such as Before You Open an Estate, The $50,000 Affidavit, With No Petition and No Letters, Opening an Estate With the Register of Wills, Real Property Affidavits so you can start with the likely procedure rather than one isolated form number.
Use source links such as Delaware Registers of Wills, the three offices that issue probate forms, Register of Wills Forms, New Castle County, Register of Wills Forms Library, Kent County to locate official forms and verify which documents belong in the packet.
Delaware Form Prep ChecksCounty packet rules and the records to gather before filing
Choose the filing path
Common filing paths in this data include The affidavit under 12 Del. C. § 2306. No petition, no letters and no court filing., Where the title carries a TOD designation, no estate at all: the beneficiary retitles at the DMV. Otherwise the 12 Del. C. § 2306 affidavit, if the personal estate qualifies., No probate for the property itself, but a § 1905 survivorship affidavit is due., No probate for the property, but a TODD affidavit is filed with the Register of Wills and the parcel still appears on the inventory.. Match the estate facts to the correct path before preparing forms.
Verify the county packet
Check the county Register of Wills or local filing-office instructions for coversheets, copy rules, appointments, fees, and filing methods.
Pull supporting records first
Collect the original will if one exists, certified death certificates, asset values, deed or title records, heir and beneficiary details, and creditor information before filling out the packet.
Frequently Asked Questions
Where can I get Delaware probate forms?
Start with Delaware Registers of Wills, the three offices that issue probate forms, Register of Wills Forms, New Castle County, Register of Wills Forms Library, Kent County. Then verify local county instructions before you file, because packet rules, copy requirements, fees, and filing methods can vary.
How do I know which Delaware probate form I need?
Start with the filing path, not the form number. The right packet depends on will status, asset type and value, creditor issues, heirs or beneficiaries, and whether a simplified procedure fits.
Can I file Delaware probate forms without an attorney?
Some paths may allow self-filing, but the answer still depends on the estate, the county office, disputes, real estate, creditors, and tax facts. Verify the county rules and get legal help when rights or strategy are unclear.
What should I gather before filling out Delaware probate forms?
Gather the original will if one exists, certified death certificates, asset and debt lists, deed or title records, beneficiary records, and names and addresses for heirs or beneficiaries.
Delaware Official Forms and SourcesOfficial references used for this page
- 12 Del. C. § 1301, production of the will within 10 days, to the Register of Wills for the county where THE HOLDER resides.12 Del. C. § 1301, production of the will within 10 days, to the Register of Wills for the county where THE HOLDER resides.. Accessed 2026-09-10.
- 12 Del. C. § 1502, grant of letters testamentary, with the § 1502(b) fallback to administration with the will annexed.12 Del. C. § 1502, grant of letters testamentary, with the § 1502(b) fallback to administration with the will annexed.. Accessed 2026-09-10.
- 12 Del. C. § 1905, the inventory within 3 months of letters and the separate survivorship affidavit within 3 months of the DEATH.12 Del. C. § 1905, the inventory within 3 months of letters and the separate survivorship affidavit within 3 months of the DEATH.. Accessed 2026-09-10.
- 12 Del. C. § 2102, claims arising before or at the death are barred 8 months after the DEATH, whether or not the § 2101 notice was given.12 Del. C. § 2102, claims arising before or at the death are barred 8 months after the DEATH, whether or not the § 2101 notice was given.. Accessed 2026-09-09.
- 12 Del. C. § 2301, annual accounts to the Court of Chancery from the date of letters, with the Register's power to extend by up to 6 months and to dispense with an account for a year with no transactions.12 Del. C. § 2301, annual accounts to the Court of Chancery from the date of letters, with the Register's power to extend by up to 6 months and to dispense with an account for a year with no transactions.. Accessed 2026-09-09.
- 12 Del. C. § 2302, notice of the filing of the account, open for inspection and exception for 3 months.12 Del. C. § 2302, notice of the filing of the account, open for inspection and exception for 3 months.. Accessed 2026-09-09.
- 12 Del. C. § 2306, the $50,000 affidavit route and its seven conditions, including the (a)(6) real-estate disqualifier.12 Del. C. § 2306, the $50,000 affidavit route and its seven conditions, including the (a)(6) real-estate disqualifier.. Accessed 2026-09-09.
- 12 Del. C. § 2309, recordation of a certified copy of the death certificate with the Register of Wills for the county where the decedent's interest in real property is situated.12 Del. C. § 2309, recordation of a certified copy of the death certificate with the Register of Wills for the county where the decedent's interest in real property is situated.. Accessed 2026-09-09.
- 12 Del. C. § 502, the intestate share of the surviving spouse, including the LIFE ESTATE in the intestate real estate, which is why a termination-of-life-estate affidavit is a common Delaware filing.12 Del. C. § 502, the intestate share of the surviving spouse, including the LIFE ESTATE in the intestate real estate, which is why a termination-of-life-estate affidavit is a common Delaware filing.. Accessed 2026-09-09.
- 21 Del. C. § 2304, transfer-on-death title for a Delaware vehicle, made on DMV Form MV2025.21 Del. C. § 2304, transfer-on-death title for a Delaware vehicle, made on DMV Form MV2025.. Accessed 2026-09-09.
- 25 Del. C. ch. 2, the Uniform Real Property Transfer on Death Act, enacted by 85 Del. Laws, c. 212 and effective December 4, 2025.25 Del. C. ch. 2, the Uniform Real Property Transfer on Death Act, enacted by 85 Del. Laws, c. 212 and effective December 4, 2025.. Accessed 2026-09-09.
- 81 Del. Laws, c. 52, which repealed 30 Del. C. §§ 1501 to 1507 with effect for estates of decedents dying after December 31, 2017.81 Del. Laws, c. 52, which repealed 30 Del. C. §§ 1501 to 1507 with effect for estates of decedents dying after December 31, 2017.. Accessed 2026-09-09.
- New Castle County Register of Wills, Forms. Read on 2026-09-10: 114,684 bytes against a clean 404 control on the same host. Lists the Case Information Worksheet, Coversheet for Joint Affidavit, Combined No Estate Tax Jointly Held Affidavit (fillable and sample), Extension Request, Furnishing Death Certificate, Glossary of Terms, Jointly Held Affidavit (fillable and sample), List of Documents for Opening, No Estate Tax Affidavit (fillable and sample), Opening Petition (FORM 1, Petition to Act as Personal Representative) and its sample, Power of Attorney, Probate Instructions, Statement of Claim (Form No. NC-4), Renunciation, Request for Document, Small Estate Affidavit Request Form and its sample, Small Estate Affidavit Checklist, Termination of Life Estate, Transfer on Death Deed Affidavit (standard and fillable), Trust Inquiry and the Inventory Form.New Castle County Register of Wills, Forms. Read on 2026-09-10: 114,684 bytes against a clean 404 control on the same host. Lists the Case Information Worksheet, Coversheet for Joint Affidavit, Combined No Estate Tax Jointly Held Affidavit (fillable and sample), Extension Request, Furnishing Death Certificate, Glossary of Terms, Jointly Held Affidavit (fillable and sample), List of Documents for Opening, No Estate Tax Affidavit (fillable and sample), Opening Petition (FORM 1, Petition to Act as Personal Representative) and its sample, Power of Attorney, Probate Instructions, Statement of Claim (Form No. NC-4), Renunciation, Request for Document, Small Estate Affidavit Request Form and its sample, Small Estate Affidavit Checklist, Termination of Life Estate, Transfer on Death Deed Affidavit (standard and fillable), Trust Inquiry and the Inventory Form.. Accessed 2026-09-10.
- Kent County Register of Wills Forms Library. Read on 2026-09-10 with a PLAIN user agent, because this host 403s a spoofed browser UA: 111,890 bytes against a clean 404 control. Lists the Claims Form and Claims Resolution, three Case Information Sheets (sample, probated estates, non-probated estates), the Certified Small Estate Affidavit Request Form, the Estate Opening and Estate Closing Checklists, the Extension Request Form, the Fee Schedule, the fillable Inventory Form and its sample, the Jointly Held Real Estate Affidavit, and the Opening Petition and its sample.Kent County Register of Wills Forms Library. Read on 2026-09-10 with a PLAIN user agent, because this host 403s a spoofed browser UA: 111,890 bytes against a clean 404 control. Lists the Claims Form and Claims Resolution, three Case Information Sheets (sample, probated estates, non-probated estates), the Certified Small Estate Affidavit Request Form, the Estate Opening and Estate Closing Checklists, the Extension Request Form, the Fee Schedule, the fillable Inventory Form and its sample, the Jointly Held Real Estate Affidavit, and the Opening Petition and its sample.. Accessed 2026-09-10.
- Sussex County Register of Wills, Forms. Read on 2026-09-10: 40,196 bytes against a clean 404 control. The only one of the three offices that numbers its forms. Lists Affidavit in Lieu of Receipts, Certified Small Estate Affidavit Request Form, Claim Form (Statement of Claim), Document Request Form, Estate Search Request Form, Extension Request Form, Form 650, Form 651, Information Sheet, Jointly Held Real Property, Life Estate Termination, NDETRR99, the combined no-estate-tax and jointly-held affidavit, NDITDA97 and NDITDA98, Petition for Authority to Act as Personal Representative, Real Property Transferred On Death Deed Affidavit, Renunciation, Short Certificate Request Form (and an attorney version), Spousal Allowance Request Form, Trust Inquiry Form, Will Search Affidavit, and a complete Probate Packet PDF containing the timeline and directions, the letter to personal representatives, the inventory instructions and Inventory, the accounting instructions and Form SC30, Form SC5, Forms SC2 and SC3, Form SC1 and Rule 194.Sussex County Register of Wills, Forms. Read on 2026-09-10: 40,196 bytes against a clean 404 control. The only one of the three offices that numbers its forms. Lists Affidavit in Lieu of Receipts, Certified Small Estate Affidavit Request Form, Claim Form (Statement of Claim), Document Request Form, Estate Search Request Form, Extension Request Form, Form 650, Form 651, Information Sheet, Jointly Held Real Property, Life Estate Termination, NDETRR99, the combined no-estate-tax and jointly-held affidavit, NDITDA97 and NDITDA98, Petition for Authority to Act as Personal Representative, Real Property Transferred On Death Deed Affidavit, Renunciation, Short Certificate Request Form (and an attorney version), Spousal Allowance Request Form, Trust Inquiry Form, Will Search Affidavit, and a complete Probate Packet PDF containing the timeline and directions, the letter to personal representatives, the inventory instructions and Inventory, the accounting instructions and Form SC30, Form SC5, Forms SC2 and SC3, Form SC1 and Rule 194.. Accessed 2026-09-10.
- Delaware Courts, Forms, Wills and Estates. CITED FOR A VERIFIED ABSENCE, measured on 2026-09-10: the category header reads 'Wills and Estates (1 Form)' and the single result is form 388, 'Petition for Specific Performance Under Separation Agreement (Fill-in)', revision date 11/26/2025, court style Family Court. There is no probate form in the Delaware judiciary's forms library. Verified against a bogus-sub control (sub=ZZZNotARealSection), which returned 51,040 bytes and rendered the same category list with 'No results found', so the category counts are chrome and only the results table is evidence.Delaware Courts, Forms, Wills and Estates. CITED FOR A VERIFIED ABSENCE, measured on 2026-09-10: the category header reads 'Wills and Estates (1 Form)' and the single result is form 388, 'Petition for Specific Performance Under Separation Agreement (Fill-in)', revision date 11/26/2025, court style Family Court. There is no probate form in the Delaware judiciary's forms library. Verified against a bogus-sub control (sub=ZZZNotARealSection), which returned 51,040 bytes and rendered the same category list with 'No results found', so the category counts are chrome and only the results table is evidence.. Accessed 2026-09-10.
- Delaware Court of Chancery, the official court page naming all three Registers of Wills. Verified by body content on 2026-09-10 (58,601 bytes with 2 occurrences of 'Register of Wills' and all three county names) against this host's 24,592-byte soft-404 control, because courts.delaware.gov returns 200 for any path.Delaware Court of Chancery, the official court page naming all three Registers of Wills. Verified by body content on 2026-09-10 (58,601 bytes with 2 occurrences of 'Register of Wills' and all three county names) against this host's 24,592-byte soft-404 control, because courts.delaware.gov returns 200 for any path.. Accessed 2026-09-10.
- Court of Chancery Guardianship Forms and Petition Packets. Verified by body content against the host's 24,593-byte soft-404 control. Individual form links are opaque download.aspx ids, so a form's identity is anchored by its printed name rather than by its id.Court of Chancery Guardianship Forms and Petition Packets. Verified by body content against the host's 24,593-byte soft-404 control. Individual form links are opaque download.aspx ids, so a form's identity is anchored by its printed name rather than by its id.. Accessed 2026-09-09.
- Court of Chancery Handbook for Guardians of Adults with Disabilities, Form CM150. Revision string printed on every page: Rev. 03/2026. Verified by content-type application/pdf, 597,233 bytes, because courts.delaware.gov soft-404s at 200.Court of Chancery Handbook for Guardians of Adults with Disabilities, Form CM150. Revision string printed on every page: Rev. 03/2026. Verified by content-type application/pdf, 597,233 bytes, because courts.delaware.gov soft-404s at 200.. Accessed 2026-09-09.
- Delaware Family Court Guardianship Instruction Packet, Form 1024-IP. Revision string printed on page 1: Rev. 10/2025 v1.02. Verified by content-type application/pdf, 2,586,403 bytes.Delaware Family Court Guardianship Instruction Packet, Form 1024-IP. Revision string printed on page 1: Rev. 10/2025 v1.02. Verified by content-type application/pdf, 2,586,403 bytes.. Accessed 2026-09-09.
- Delaware DMV Form MV2025, the application that puts a transfer-on-death beneficiary on a Delaware vehicle title.Delaware DMV Form MV2025, the application that puts a transfer-on-death beneficiary on a Delaware vehicle title.. Accessed 2026-09-09.
- Delaware DMV Form MV212, Application for Title.Delaware DMV Form MV212, Application for Title.. Accessed 2026-09-09.
- Delaware DMV Form MV-14, authorization to drive a vehicle of a deceased owner until the registration expires.Delaware DMV Form MV-14, authorization to drive a vehicle of a deceased owner until the registration expires.. Accessed 2026-09-09.
Information current as of September 10, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Delaware can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.