New Castle Probate Court Records

New Castle probate court records are filed at the New Castle County Register of Wills in Wilmington. The City of New Castle is one of Delaware's oldest communities and sits within New Castle County. All estate filings for New Castle city residents including wills, administration accounts, estate inventories, and letters testamentary are handled by the Register of Wills at 800 N. French Street in Wilmington. Searching New Castle probate court records for historical estates draws on some of the oldest records in the state, with filings dating back to the colonial period. This page covers where to find both recent and historical probate records for New Castle residents.

New Castle Probate Court Records: County Office

All probate court records for residents of the City of New Castle are handled by the New Castle County Register of Wills. The office is at 800 N. French Street, 2nd Floor, Wilmington, DE 19801. Phone is (302) 395-7800. Hours are Monday through Thursday 8:00 AM to 3:30 PM and Friday 8:00 AM to 3:00 PM. The office closes daily for lunch from noon to 1:00 PM.

Electronic filing is required for most New Castle County probate documents through the File and Serve Delaware system. Appointments are required to open and close estates. Fees are payable by cash or check only. Estates with $30,000 or less in personal property and no solely-owned real estate may use the simplified Small Estate Affidavit process under Delaware Title 12.

The Louis L. Redding City/County Building in Wilmington also houses the Recorder of Deeds for land records and the Clerk of the Peace for marriage records, making it a single destination for multiple types of New Castle County records relevant to estate research. After probate closes, heirs must record a new deed with the Recorder of Deeds to complete transfer of any real property.

The Delaware Public Archives probate database provides access to historical estate records for New Castle residents from the colonial era through 1925.

The archives maintain the statewide index for all three counties and provide in-person microfilm access for New Castle County probate records in the Research Room in Dover.

New Castle Historical Probate Records

The City of New Castle is one of the oldest European settlements in Delaware and has a rich collection of historical records. Available city records relevant to estate and family research include Trustees of the New Castle Common Minutes (1791-1840), City of New Castle Minutes of the Town Commissioners (1797-1840), Immanuel Episcopal Church Records (1784-1840), New Castle Presbyterian Church Records (1790-1840), and New Castle Methodist Church Records (1820-1840). These records can help establish family relationships, death dates, and property ownership that supplement official probate filings.

New Castle County probate court records are held at two locations depending on the era. Records from approximately 1680 to 1925 are at the Delaware Public Archives in Dover. A specific historical example is the George Smith Probate Record from 1825, on file at the Delaware State Archives in Dover, and the associated George Smith Orphans Court Record from 1828, on file at the City-County Building in Wilmington. The New Castle County Recorder of Deeds also holds deeds on file at the City-County Building covering 1790 to 1992, which cross-reference with estate records when property was transferred.

Available collections at the Delaware Public Archives and FamilySearch for New Castle County include New Castle County Wills (1682-1854), Probate Case Files (1680-1956), Wills and Administrations Card File Index (1650-1925), and a published Wills Filed Index. Leon DeValinger's published probate calendars and Donald O. Virdin's published indexes also cover New Castle City residents within the broader county record set. These published resources are available at the University of Delaware Morris Library in Newark and the Historical Society of Delaware in Wilmington.

For active and recent probate cases, use the Delaware CourtConnect system or contact the Register of Wills directly at (302) 395-7800. The Register maintains records from 1714 to the present at the Wilmington office.

The Delaware Public Archives estate records research guide walks researchers through using probate and estate records for property research and genealogy.

Note: When researching New Castle City estate records, be aware that the City of New Castle and New Castle County have different office locations. County probate matters go to Wilmington, while city government records may be at the New Castle City offices.

New Castle Probate Records: What to Expect

Probate court records for New Castle City residents draw on the full depth of the New Castle County estate system, which has records from 1680 to the present. A typical probate file includes the original will, the death certificate, an inventory of all personal and real property with appraised values, administration accounts, guardian bonds if minor children were involved, and the final distribution to heirs. The file names the deceased, surviving family members with their relationships and addresses, and any creditors.

New Castle City's position as one of Delaware's oldest communities means that some of the state's most historically significant estate records involve city residents. Early colonial records include descriptions of property that help researchers trace the history of specific New Castle buildings and parcels from the 17th century forward. New Castle County Orphans Court records at the City-County Building in Wilmington cover cases where the court managed the transfer of property to minor children. The Delaware State Archives in Dover holds additional probate records for the city going back to the early 19th century.

Under Delaware law, wills for New Castle City residents are proved before the Register of the county where the testator lived at the time of death. That is the New Castle County Register of Wills in Wilmington. Non-resident wills involving New Castle County property follow the same rule. The Register of Wills agency history at the Delaware Public Archives traces the office's responsibilities from 1706 through the present four-year elected term structure, providing context for how the probate system has operated over the centuries.

Nearby Delaware Cities

These cities are also in New Castle County and file probate court records at the same Register of Wills office in Wilmington.