The three Register of Wills offices
You open the estate in the county where the person lived.
| County | Address | Phone | Note |
|---|---|---|---|
| New Castle | 800 N. French St., 2nd Floor, Wilmington 19801 | 302-395-7800 | |
| Kent | 555 S. Bay Rd, Dover 19901 | 302-744-2330 | Appointment to open/close |
| Sussex | Courthouse Annex, 5 E. Pine St., Georgetown 19947 | 302-855-7875 | Appointment to open |
Anyone holding the original will must deliver it to the Register within 10 days of learning of the death.
Call before you visit. Office hours, appointment rules, and fees change, and staff can tell you which forms to bring. Kent requires an appointment to open or close an estate, and Sussex requires one to open.
When probate is needed for a house
Probate is needed if the person owned Delaware real estate alone or as a tenant in common. If they owned it jointly with right of survivorship, it passes to the surviving owner outside probate.
| How the house was titled | Probate needed? |
|---|---|
| Sole owner | Yes |
| Tenants in common | Yes, for the deceased owner's share |
| Joint with right of survivorship | No, passes to survivor |
Delaware has no estate tax (repealed for deaths after 2017) and no inheritance tax.
Look at the deed to see how the house was titled. The deed is recorded with the county Recorder of Deeds, and your title company can pull a copy. Words like "joint tenants with right of survivorship" or "tenants by the entirety" usually mean the house passes to the surviving owner. "Tenants in common" means each owner's share goes through their own estate.
Opening an estate step by step
Opening an estate gives one person legal authority to act for it.
- Find the original will, if any, and the death certificate.
- Contact the county Register of Wills (appointment in Kent and Sussex).
- Apply to be personal representative. Without a will, priority goes to spouse, then children, parents, and siblings.
- Receive Letters Testamentary (with a will) or Letters of Administration (no will).
- Notify creditors. Claims can generally come in up to 8 months after death.
- Inventory assets, pay debts, distribute, and close the estate.
Letters are the key document for selling a house. Title companies, banks, and buyers will ask for a copy showing that the personal representative has authority. Without them, no one can sign a deed for the estate.
The personal representative has a legal duty to act for the estate, not for themselves. That includes keeping estate money separate, keeping records, and treating heirs fairly. If family members disagree about the house, a lawyer can explain each person's rights before conflict grows; see when heirs disagree.
Small estate affidavit limits
A small estate affidavit lets heirs collect modest assets without a full estate, but it cannot be used for Delaware real estate owned solely or as a tenant in common.
- Limit: up to $50,000 for deaths from June 2026; $30,000 for earlier deaths.
- Filed at least 30 days after death.
- Not available if the person owned Delaware real estate alone or as tenant in common.
So if there is a house, plan on a regular estate.
A small estate affidavit may still help with other assets, such as a small bank account or a vehicle, but it will not give anyone authority to sign a deed for a house the person owned alone. Ask the Register of Wills staff which process fits your family before filing anything.
Selling real estate during administration
If the will gives a power of sale, the executor can usually sell the house under it; if not, the personal representative may need a Court of Chancery order.
| Situation | How the sale happens |
|---|---|
| Will grants power of sale | Executor sells under the will (12 Del. C. §2719) |
| No power of sale; sale needed to pay debts | PR petitions Court of Chancery for an order of sale (§§2701–2708) |
| Heirs cannot agree | Any co-owner may petition Chancery for partition (25 Del. C. §721) |
Delaware's seller disclosure law does not apply to a sale by a fiduciary administering an estate, so estates often sell "as-is."
Before listing an estate house, check who has to sign. The personal representative usually signs the deed. Heirs who inherit under the will or without one may also need to agree, depending on the will and the situation. Getting everyone on the same page early prevents a buyer from walking away at the last minute.
Practical tips for heirs
Protect the house while the estate is open. Keep insurance active (vacancy clauses often limit coverage after 30–60 days unoccupied), keep utilities on to prevent frozen pipes, and keep paying taxes. If there is a reverse mortgage, see our reverse mortgage guide.
Heirs often inherit with a stepped-up basis, which can reduce capital gains tax. See capital gains on a Delaware home sale.
Walk through the house early and make a list of valuables, important papers, and repairs needed. Change the locks if many people have keys. Forward the mail so tax bills and loan notices are not missed. If the house will sit empty for months, read selling a vacant house for ways to reduce risk.
Estate sale timeline for a house
Most estate home sales follow this order.
| Step | Who | Notes |
|---|---|---|
| Deliver will to Register | Anyone holding it | Within 10 days of learning of death |
| Open estate; get Letters | Personal representative | Appointment in Kent and Sussex |
| Secure and insure the house | PR | Watch vacancy clauses |
| Decide: sell, keep, or distribute | PR and heirs | Check will for power of sale |
| Court order if needed | PR via Court of Chancery | When no power of sale and sale needed for debts |
| Sell and settle | PR | Liens and debts paid from proceeds |
| Creditor claims period | Creditors | Generally up to 8 months after death |
If there are liens or old mortgages on the house, read liens and title problems in Delaware.
Where we fit
Once you have Letters (and a court order if needed), the estate can sell to any buyer, including us. Estates choose a cash offer when the house needs work or heirs live out of state; it is below retail. If the house is worth fixing, Fix & List may net more. Read selling an inherited house in Delaware or call (302) 798-8655.
General information, not legal or tax advice.
There is no rush to sell the day Letters arrive. Take time to compare a listing, a cash offer, and keeping the house, and make sure the heirs agree on the plan.
Want to see your options?
Tell us about the house. We'll lay out every option that fits, with the numbers, and no obligation.
Get My Written Offer Call (302) 798-8655Frequently asked questions
Where is the New Castle County Register of Wills?
800 N. French St., 2nd Floor, Wilmington 19801. Phone 302-395-7800.
Do I need probate to sell a house in Delaware?
Yes, if the person who died owned the house alone or as a tenant in common. Property held jointly with right of survivorship passes outside probate.
What is the small estate limit in Delaware?
Up to $50,000 for deaths from June 2026 ($30,000 before). It cannot be used if the person owned Delaware real estate solely or as a tenant in common.
Can an executor sell a house before the estate closes?
Yes, if the will grants a power of sale. Otherwise, the personal representative may need a Court of Chancery order to sell.
How long do creditors have to file claims in Delaware?
Generally up to 8 months after death.
Does Delaware have an inheritance tax?
No. Delaware has no inheritance tax, and its estate tax was repealed for deaths after 2017.
Sources
- Sussex County Register of Wills
- New Castle County Small Estates
- Delaware Code Title 12, Ch. 27 (sale of real estate)
General information, not legal, tax, or financial advice. Laws, fees, and schedules change. Confirm with the office named or your attorney.