Use This County Probate Reference Before You File
This page is built for the detailed county-level checks that generic probate guides usually miss: local filing fees, Register of Wills contact details, administrative orders, e-filing rules, and hearing logistics for Kent County.
Local Fee Schedule
Review county-specific probate filing charges before you estimate total case cost.
Court Rules and Orders
Check the local rules, judge procedures, and administrative orders that can change how a case moves.
Clerk and Filing Logistics
Confirm where to file, whether e-filing is allowed, and how hearings or notices are handled locally.
Kent County Register of Wills Guide
Settled Estate records a court filing fee of Graduated by estate value, a 10-day deadline to deposit the will and an 8-month creditor claim period for the Kent County Register of Wills, read from 25 linked sources and last verified September 10, 2026.
Court of Chancery of the State of Delaware · Register of Wills information · Updated September 2026
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Filing & Fees
Fee Schedule Signals
Source ↗Probate Filing Fees
| Filing Type | Fee |
|---|---|
Small Estate Affidavit For estates under threshold (no court filing needed) | $5 |
Note: THERE IS NO STATEWIDE DELAWARE PROBATE FILING FEE AND THIS SCHEDULE IS GRADUATED BY ESTATE VALUE. 12 Del. C. § 2510 provides that the governing body of each county determines the fees charged by the Register of Wills of that county, and § 2511 requires each Register to keep the current list posted for public inspection. The judiciary's own fee index lists the Supreme Court, Court of Chancery, Superior Court, Family Court, Court of Common Pleas and Justice of the Peace Court and carries no Register of Wills entry of any kind, which is the primary source for the negative. The three county schedules differ materially and no figure on one may be carried to another. The Kent County Register of Wills grants letters on a GRADUATED table measured on the value of the estate as bracketed on the county schedule: $1.00 - $29,999.00 = $25; $30,000.00 - $99,999.99 = $50; $100,000.00 - 499,999.00 = $75; Each additional increment $500,000 = $100. The petition itself is $5.00 for two personal representatives, or $10.00 for more than two. THE FEE TO OPEN IS NOT THE COST OF THE ESTATE. Most of the money is the percentage charged when the final account is passed, not the bracket paid at the opening, so an estimate built only from the opening fee understates a large estate by orders of magnitude. In this county the closing charge is 1.75% of the net personal estate, not including real estate unless it is directed to be sold. The inventory is $15.00. The bracket labels are copied verbatim from the county schedule, including the '$100,000.00 - 499,999.00' row, whose upper bound is printed without cents while its neighbours carry them. A Small Estate Affidavit obtained BY MAIL is $10.00 rather than $5.00. Kent charges no separate technology cost, so its closing cost is the whole percentage, unlike New Castle. A transfer-on-death-deed affidavit of death is $10.00 and the spousal allowance filing is $30.00. Reopening an estate closed by rule to show cause or administrative closing is $250.00. Source: https://www.kentcountyde.gov/files/sharedassets/public/v/1/content-publishers/wills/wills-pdf/schedule-of-fees-rev.-2.5.2026.pdf, Rev. 2.5.2026, read 2026-09-10. Statutory authority: 12 Del. C. § 2510 (each county council sets these fees) and § 2511 (each Register must keep the current list posted).
Required Documents
- The original will, if any
Produced to the Register of Wills within 10 days of learning of the death under 12 Del. C. § 1301.
- Certified copy of the death certificate
Where the decedent held an interest in real property, 12 Del. C. § 2309 requires a certified copy of the death certificate to be filed with the Register of Wills for the county where that interest is situated. All three counties charge $1.00 to file it.
- Petition for the grant of letters testamentary or of administration
Filed with the Register of Wills of the county of domicile. New Castle charges $5 per personal representative; Kent and Sussex charge $5.00 for up to two and $10.00 for more.
- Inventory and appraisal, with the personal representative's affidavit
Due within 3 months of the grant of letters under 12 Del. C. § 1905.
- Affidavit that no Delaware estate tax return is required
12 Del. C. § 2304(b) requires an affidavit in a form approved by the Director of Revenue where no return is due under 30 Del. C. ch. 15 and either real property passed by survivorship or entireties, or letters were granted and the decedent owned real property. The affidavit is filed with the Register of Wills of each county where the real property is located. Delaware's estate tax was repealed for deaths after December 31, 2017, so this affidavit, not a return, is the ordinary filing. All three counties charge $10 for it, and Sussex still labels its version the No Delaware Inheritance Tax Due Affidavit.
- Affidavit of jointly held real property
Filed within 3 months of death with the Register of Wills of the county where real property passing by survivorship or entireties is located, under 12 Del. C. § 1905(e).
- Small estate affidavit, or funeral director affidavit
The 12 Del. C. § 2306 route. The Register of Wills issues it; New Castle charges $10, Kent $5 in person or $10 by mail, Sussex $5.00 plus $2.00 per page.
- Demand for the surviving spouse's allowance
Written demand filed with the Register of Wills of the county where letters were granted, and served on the executor or administrator, within 9 months of death or 6 months of the grant of letters, whichever is shorter.
E-Filing & Filing Methods
Records portal
Check live court-record information when available. Search results may not include every probate record.
Timelines & Proceedings
Deadlines & Creditor Claims
Key Deadlines
- Will Deposit
- 10 days
- Creditor Claims
- 8 months
Creditor Claims
- Period Starts
- death
- Publication
- One or more newspapers approved by the Register of Wills and published in the county, at least 3 times within 40 days of the grant of letters and not less frequently than once a week for 3 successive weeks. The Register may waive newspaper publication and allow posting alone where the gross personal estate does not exceed $30,000 and the gross real and personal estate does not exceed $35,000 in the aggregate.
- Statute
- 12 Del. C. § 2102(a)
Related Proceedings
Property Recording
Source ↗Recording Fees
- First Page
- $46.00
- Additional Pages
- $10.00
Sources for this page (25)
The facts above come from these official sources. Verify current details with the office before filing.
- courts.delaware.govhttps://courts.delaware.gov/chancery/
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c013/index.html#1301
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c013/index.html#1302
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c015/sc01/index.html#1501
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c015/sc01/index.html#1502
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c015/sc01/index.html#1504
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c019/index.html#1901
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c019/index.html#1905
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c021/index.html#2101
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c021/index.html#2102
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c021/index.html#2104
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c021/index.html#2105
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c023/sc01/index.html#2306
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c023/sc01/index.html#2308
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c023/sc02/index.html#2311
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c025/index.html#2501
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c025/index.html#2510
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c025/index.html#2511
- delcode.delaware.govhttps://delcode.delaware.gov/title12/c025/index.html#2513
- legis.delaware.govhttps://legis.delaware.gov/SessionLaws?volume=85&chapter=281
- kentcountyde.govhttps://www.kentcountyde.gov/Residents/Wills-Estates
- kentcountyde.govhttps://www.kentcountyde.gov/Residents/Wills-Estates/Estate-Search
- kentcountyde.govhttps://www.kentcountyde.gov/Residents/Wills-Estates/Frequently-Asked-Questions
- kentcountyde.govhttps://www.kentcountyde.gov/Residents/Wills-Estates/Register-of-Wills-Forms-Library
- kentcountyde.govhttps://www.kentcountyde.gov/files/sharedassets/public/v/1/content-publishers/wills/wills-pdf/schedule-of-fees-rev.-2.5.2026.pdf