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"

Read the source.

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."

Search Delaware

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.

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