States / Delaware
After a death in Delaware
Where to look for a will, who to ask and where to search for money in Delaware.
The will
Which court handles probate
The Register of Wills in the county where the person lived handles probate; the Register is also a clerk of the Court of Chancery. Each county (New Castle, Kent, Sussex) has its own office.
"the probate process"
What to do with the original will
Anyone holding a will must deliver it to the Register of Wills for the county where the person lived within 10 days of learning of the death. Willful failure makes the holder liable for damages.
"within 10 days from the time the person receives information of the death of the testator"
12 Del. C. § 1301(a). Read the source.
Wills deposited during life
We couldn't check this rule at an official source, so we won't guess. Ask the probate court clerk in the county where they lived.
Opening a safe deposit box
Before a personal representative is appointed, a bank must let a person who presents the key or combination (or a court order), a certified death certificate or other proof of death, and proof of identity open a box held in the decedent's sole name. The access is limited to copying wills and declarations of disposition of last remains and removing them. A will found is sent to the Register of Wills.
"After the death of the decedent but prior to the appointment of a personal representative for the decedent's estate"
12 Del. C. § 1313(a), (e). Read the source.
Unclaimed money
Delaware Office of Unclaimed Property
"There are no service charges assessed by the State of Delaware for initiating or completing a claim."
Instructions for heirs and estates
Source, checked 2026-10-15.
Small estates
We couldn't check this rule at an official source, so we won't guess. Ask the probate court clerk in the county where they lived.
Death certificates
Office of Vital Statistics
First copy $25.00, more copies in the same order $25.00 each. Application lists current spouse, child, parent, documented legal guardian, genealogy with proof and authorized representatives. Other family relationships need office confirmation.
Order from the state. Online vendors add fees.
State will and court rules checked 2026-11-06. See how we check facts or report a mistake. This is general information, not legal advice.