New Castle County Probate Court Records

New Castle County probate court records cover wills, estate inventories, administration accounts, and letters testamentary filed at the Register of Wills office in Wilmington. The county is the most populous in Delaware, and its probate records date to 1680, making it one of the richest genealogical resources in the mid-Atlantic region. Anyone searching New Castle County probate court records for a specific estate can start with the county's online resources or contact the Register of Wills directly at the Louis L. Redding City/County Building in Wilmington. This page covers where to search, how to request copies, what fees apply, and what records are available.

New Castle County Register of Wills Office

The New Castle County Register of Wills handles all probate court records for estates filed by residents of New Castle County. The office is located on the second floor of the Louis L. Redding City/County Building at 800 N. French Street in Wilmington. The Register is Ciro Poppiti III. The office can be reached by phone at (302) 395-7800.

New Castle County mandates electronic filing for most probate documents through the File and Serve Delaware system. This is different from Kent and Sussex counties, where paper filing remains the standard. For those who are not familiar with electronic filing, the office staff can assist or direct you to resources that explain the process.

An estate must be probated in New Castle County if the deceased owned more than $30,000 in personal property in their name alone or owned any real property solely in their name. Property that is not properly probated cannot be legally transferred, and the resulting clouded title may prevent loans, homeowner's insurance, or access to utility and tax assistance programs. Once probate closes, a new deed must be recorded with the New Castle County Recorder of Deeds to transfer legal ownership.

The New Castle County Register of Wills page lists current forms, filing instructions, and contact details for the Wilmington office.

The Register of Wills also maintains probate court records from 1714 to the present, with older records transferred to the Delaware Public Archives in Dover.

New Castle County Probate Forms and Filing

The New Castle County Register of Wills provides standard probate forms for opening and closing estates. These include the Petition for Authority to Act as Personal Representative (Form 1), estate inventory forms, and short certificate request forms. The forms page at newcastlede.gov lists current forms and provides download links for those filing electronically through File and Serve Delaware.

To open an estate in New Castle County, you will need the original death certificate, the original will if one exists, an estimated value of assets solely owned by the decedent as of the date of death, an estimated value of any real estate solely owned by the decedent, a list of the decedent's next of kin with full names, relationships, and addresses including zip codes, and a valid driver's license or passport. If you are filing by mail rather than appearing in person, you will also need to include a Case Information Sheet and any required renunciation forms along with a copy of your ID.

For estates that qualify as small estates under $30,000 in personal property with no solely-owned real estate, a Small Estate Affidavit may be used instead of full probate. This simplified process avoids most of the formal requirements and can resolve the estate without Letters Testamentary or Letters of Administration.

The New Castle County Register page provides background on the office and its role in administering estates under Delaware law.

Note: Fees are payable by cash or check only at the Register of Wills office. Confirm payment methods before visiting.

Finding New Castle County Probate Court Records

Records from 1680 through approximately 1925 are available at the Delaware Public Archives in Dover. The archives maintain the primary probate index for New Castle County, with New Castle County probates on self-service microfilm in the Research Room. Researchers can search the database by name, date, and entry number, then order copies by emailing archives@delaware.gov. Staff provide a cost quote within 10 business days.

More recent probate court records are held at the Register of Wills office at 800 N. French Street in Wilmington. You can search active and recent cases through the Delaware CourtConnect system by party name. For certified copies of probate documents, you must contact the Register of Wills office directly. A $2.00 fee per name searched covers a letter from the office outlining what records are on file for that individual.

Published genealogical resources for New Castle County include Donald O. Virdin's "New Castle County, Delaware Wills and Estates, 1682-1800, An Index" (1982) and the National Society of Colonial Dames' "A Calendar of Delaware Wills, New Castle County, 1682-1800" (1911, reprinted 1969). These print indexes remain useful for tracing estates that predate the online database. The University of Delaware Morris Library in Newark also holds microfilm collections for New Castle County wills, probates, and court records, accessible through the special collections department.

New Castle County obituaries and death notices, which can help identify probate filing dates and county, are available through the New Castle County Obituary and Death Notice Collection covering the Wilmington, Newark, Elsmere, New Castle, Middletown, Delaware City, Newport, Bellefonte, and Odessa areas.

The forms page at newcastlede.gov lists all current probate forms used in New Castle County.

Note: The Delaware Public Archives Research Room in Dover is open Monday through Friday, 8:00 AM to 4:15 PM. Call (302) 744-5000 before visiting to confirm hours and microfilm availability.

Historical Probate Court Records in New Castle County

New Castle County has some of the oldest probate court records in Delaware, with filings going back to 1680. Available historical collections include New Castle County Wills (1682-1854), an Index to Wills (1682-1885), Probate Case Files (1680-1956), and a Wills and Administrations Card File Index (1650-1925). These records are held at the Delaware Public Archives in Dover and are also available on FamilySearch as part of the "Delaware, Wills and Probate Records, 1676-1971" collection.

The Historical Society of Delaware in Wilmington holds manuscript collections with probate-related materials organized within larger family papers and manuscript groups. These collections supplement the official court filings and may contain correspondence, financial records, and estate documents not found in the Register's files. The society's Wilmington location makes it especially relevant for New Castle County research. Most older county records prior to approximately 1900 have been transferred to the Delaware Public Archives in Dover, making that institution the primary repository for historical New Castle County probate research.

New Castle County was established on August 8, 1673, with the county courthouse now located at the Leonard L. Williams Justice Center, 500 North King Street, Wilmington, DE 19801. Records custodians include the Clerk of Peace (marriage records from 1911), the Prothonotary (divorce and court records), the Register of Wills (probate records), and the Recorder of Deeds (land records).

Cities in New Castle County

Residents of all cities and towns in New Castle County file probate court records at the Register of Wills in Wilmington. Select a city below for local resources and additional detail.

Nearby Counties

New Castle County borders Kent County to the south within Delaware. If you are unsure which county an estate was filed in, check the county of residence at the time of death.