Sussex County Probate Court Records

Sussex County probate court records cover wills, estate inventories, administration accounts, and letters testamentary for all estates filed by residents of Delaware's southernmost county. The Register of Wills in Georgetown maintains these records and serves as the county's probate authority. Anyone searching Sussex County probate court records can contact the Register directly at the Courthouse Annex on East Pine Street in Georgetown, use the Estate Search Request Form for records inquiries, or access historical records through the Delaware Public Archives. This page covers the Register's office details, fees, filing process, and historical resources available to researchers.

Sussex County Register of Wills Office

The Sussex County Register of Wills is responsible for the efficient administration of all estates probated in Sussex County. The Register grants authority to personal representatives and ensures all administrations are carried out in compliance with Delaware law. The current Register is Gregory Fuller. Chief Deputy is Kristine Vavala. Deputy is Alison Emerson.

Appointments are required for opening a probated estate, closing a probated estate, ancillary estates, and depositing a will for safekeeping. Walk-ins are welcome but will be worked around scheduled appointments. Plan ahead and call to schedule before visiting for estate matters that require an appointment.

Estate searches cannot be performed by emailing the office. Use the Estate Search Request Form, or mail your request to 5 East Pine Street, P.O. Box 743, Georgetown, DE 19947 along with a self-addressed stamped envelope and a $5.00 check to cover the search fee. You can also call (302) 855-7875 to ask about fees, but you must complete the Estate Search Request Form before any information can be released.

The Sussex County Register of Wills page provides current forms, instructions for opening an estate, and contact details for the Georgetown office.

Note: Sussex County periodically transitions its records and financial systems to cloud-based environments. Check the office website before visiting to confirm that services are fully operational.

Sussex County Probate Fees and Timeline

Sussex County charges specific fees for probate services under the fee schedule established by Delaware State Code. Opening an estate costs approximately $10 to $25 as a base fee, plus per-page recording fees such as $2.00 per page for the will. Short certificates, which are needed to access bank accounts and transfer assets, run approximately $3.00 to $5.00 each. The closing fee in Sussex County is 1.25% of the net personal estate value, as established under Delaware Title 12. This fee is one of the most significant costs for larger estates and should be factored into estate planning.

Sussex County probate timelines depend on estate complexity. Simple estates typically take 8 to 12 months to close. Average estates run 12 to 18 months. Complex estates with disputed assets, real property, or contested matters can take 18 months to two years or longer. The estate cannot be closed until the 8-month creditor claim period has fully expired. Publication of notice to creditors in a newspaper of general circulation in Sussex County is required as part of this process.

For small estates where the decedent's personal property is valued at $30,000 or less and they owned no real estate solely in their name, a Small Estate Affidavit may be used. This simplified approach avoids most formal probate requirements and can resolve the estate without a full administration.

A guide to Sussex County probate procedures and fee estimates is available through Sussex County probate resources for those who want an overview before contacting the Register's office.

Contact the Register of Wills at (302) 855-7875 for the current fee schedule before filing, as amounts are subject to change based on county ordinance updates.

Finding Sussex County Probate Court Records

Sussex County probate court records before approximately 1925 are indexed at the Delaware Public Archives in Dover. Sussex County records are in the process of being filmed for the microfilm archive, so some older records may require an in-person visit to access. Email archives@delaware.gov with the information from your index search to request copies. Staff will respond within 10 business days with a price quote.

The Nabb Research Center at Salisbury University holds significant Sussex County records relevant to local research, including Sussex County Inventories (1682-1850), Sussex County Will Books (1677-1949), Sussex County Orphan's Court records (1728-1944), and Sussex County Guardian Bond Books (1774-1869). These collections are especially useful for research into residents of the Seaford, Lewes, and Georgetown areas. The FamilySearch Sussex County genealogy guide explains which collections are available digitally and which require a center visit.

The Delaware Public Archives holds most pre-1900 Sussex County records, including wills, probate files, land records, court records, and official documents. The county's Recorder of Deeds holds land records, and the Register of Wills holds current-era probate records, generally from the late 19th or early 20th century to the present. The Sussex County Clerk of the Peace in Georgetown holds marriage records from 1832 to the present.

Sussex County also has a 211 resource directory that lists local services, including a listing for the Register of Wills with contact details and service descriptions.

An overview of Sussex County court records, including probate and estate filing options, is available through regional court resources covering the Georgetown courthouse.

Note: Estate searches in Sussex County cannot be done by email. You must use the Estate Search Request Form available through the Register of Wills office.

Historical Sussex County Probate Records

Sussex County has probate court records dating to 1680. Available historical collections include Sussex County Wills (1682-1851 and 1851-1959), an Index to Wills (1684-1948), Guardian Accounts, Orphan's Court Dockets and Minute Dockets (1728-1802), and estate case files from 1700 through 1956. Most of these records are held at the Delaware Public Archives in Dover. Some are also available through FamilySearch as part of the statewide Delaware probate collections.

Historical Sussex County probate cases demonstrate long-standing practices in the county. The 1904 estate of George Campbell, for example, resulted in letters of administration being granted to Denard Campbell by the Register of Wills in Georgetown. Similarly, the 1854 Orphans' Court case involving the estate of Nehemiah R. Davis of Broadkiln Hundred shows how the court managed real estate containing 133 acres valued at $1,000 among multiple heirs. The Historical Society of Delaware holds manuscript collections with relevant materials for Sussex County research.

The Lewes Historical Society is an essential resource for research into the earliest history of Sussex County, particularly for records related to Lewes and surrounding hundreds. Georgetown Public Library and Rehoboth Beach Public Library also maintain local history collections. Sussex County uses the historical hundred system in its older probate and land records, which is important when searching for estate filings by geographic location.

Cities in Sussex County

All Sussex County residents file probate court records at the Register of Wills in Georgetown. Select a city below for specific resources and local information.

Other Sussex County communities including Georgetown, Rehoboth Beach, and Millsboro also file all estate matters at the Georgetown Register of Wills office at 5 E. Pine Street.

Nearby Counties

Sussex County is bordered by Kent County to the north. If the decedent lived in Milford, check which side of the city they lived on, as Milford spans both Kent and Sussex county lines.