Key facts (checked Oct 11, 2026)
- Office: 555 Bay Road, Room 214, Dover, DE 19901; 302-744-2330; walk-in Mon-Thu 8:30 a.m.-4:00 p.m., Fri 8:30 a.m.-3:30 p.m. (kentcountyde.gov).
- Appointments are necessary to open and to close an estate; fees by cash, check or money order only.
- Small estate affidavit limit: $50,000 under HB 333, signed June 10, 2026 (12 Del. C. §2306; HB 333). Kent's web pages still say $30,000.
- Creditor claims: within 8 months of death (12 Del. C. §2102). Inventory: within 3 months of letters (§1905).
- Delaware has no inheritance tax, and its estate tax was repealed effective Jan. 1, 2018 (Title 30).
Where is the Kent County Register of Wills?
The Kent County Register of Wills is in the Kent County Administrative Complex at 555 Bay Road, Dover, DE 19901, phone 302-744-2330. Walk-in hours are Monday to Thursday 8:30 a.m. to 4:00 p.m. and Friday 8:30 a.m. to 3:30 p.m. You need an appointment to open or close an estate.
| Item | Kent County |
|---|---|
| Address | 555 Bay Road, Dover, DE 19901 (the county site lists 2nd floor, Room 214; a county notice says first floor; ask when you book) |
| Phone / email | 302-744-2330; registerofwills@kentcountyde.gov |
| Walk-in hours | Mon-Thu 8:30 a.m.-4:00 p.m.; Fri 8:30 a.m.-3:30 p.m.; phones Mon-Fri 8:00 a.m.-5:00 p.m. |
| Appointments | Required to open and to close an estate; a deputy reviews your paperwork first, then schedules |
| Payment | Cash, check or money order only |
Source: Kent County Wills & Estates (checked Oct 11, 2026). The Register does not prepare or record deeds; deeds go to the Kent County Recorder of Deeds at the same address, 302-744-2314, recording 8 a.m. to 3 p.m. weekdays (Deeds Office). Kent's FAQ page mislabels that phone number as New Castle County's.
When does a Kent County house need probate?
If the house was titled in the decedent's name alone, or as a tenant in common, it generally needs an estate opened at the Register of Wills. A house owned jointly with survivorship or covered by a recorded transfer-on-death deed, usually passes outside probate. Delaware's small estate affidavit can't be used if the decedent owned Delaware real estate.
The small estate affidavit (12 Del. C. §2306) requires that the decedent did not own Delaware real estate, either solely or as a tenant in common, and that 30 days have passed since death. Its limit rose from $30,000 to $50,000 under HB 333, signed June 10, 2026, but Kent County's FAQ still shows $30,000, and we could not confirm whether the new limit depends on the date of death. Ask the Register. For houses passed by deed instead of probate, see Delaware's transfer-on-death deed.
How do you open an estate in Kent County?
Gather the original death certificate, the original will and any codicil if there is one, renunciations from anyone with equal or higher priority who won't serve, and the Case Information Sheet. A deputy reviews them, then schedules your appointment to petition for letters. Without a will, priority generally runs spouse, children, parents, siblings.
Source: Kent County Opening of Estate Checklist (rev. 11/2024). Renunciations must be notarized. Attorneys file additional forms, and a personal representative who lives outside Delaware needs a power of attorney on file. Once letters are granted, the estate's notice runs in the newspaper. Letters are what the settlement attorney and buyer will ask for before anyone can sign a deed for the estate.
What does the Kent County Register of Wills charge?
Kent County's fee schedule, revised February 5, 2026, charges for granting letters by estate value: $25 under $30,000, $50 from $30,000, $75 from $100,000, and $100 for each additional $500,000. The newspaper notice in the Delaware State News is $35. A closing fee of 1.75% of the net personal estate applies at the end.
| Item | Fee |
|---|---|
| Letters, estate $1-$29,999 | $25 |
| Letters, $30,000-$99,999.99 | $50 |
| Letters, $100,000-$499,999 | $75 |
| Each additional $500,000 | $100 |
| Newspaper notice (Delaware State News) | $35 |
| Inventory | $15 |
| Small estate affidavit | $5 ($10 by mail) |
| Missed appointment | $25 |
| Closing fee | 1.75% of net personal estate |
Source: Kent County Register of Wills Schedule of Fees, rev. 2/5/2026. The schedule notes the closing fee does not include real estate unless the will directs it to be sold, which can matter when deciding whether the estate or the heirs sell the house. Ask the Register how it applies to your estate.
What are the deadlines in a Kent County estate?
Delaware gives creditors 8 months from the date of death to present claims. The personal representative must file an inventory within 3 months after letters are granted and an account every year until the estate closes. A house can usually be sold before the estate closes, with proceeds held to pay claims.
| Deadline | Timing | Statute |
|---|---|---|
| Creditor claims | 8 months from death | 12 Del. C. §2102 |
| Inventory | 3 months after letters | 12 Del. C. §1905 |
| Accounting | Every year from the date of letters until closed | 12 Del. C. §2301 |
Keep the house insured, secured and paid up while the estate is open: property taxes, utilities and any mortgage keep running. Many homeowner policies limit coverage on a vacant house, so call the insurer early.
Can a personal representative sell a house in a Kent County estate?
Often, yes. If the will gives the executor power to sell real estate, that authority can be used, and the buyer takes free of responsibility for how the money is applied. If the estate's personal property can't cover debts, the representative can petition the Court of Chancery for an order to sell. Other situations need an attorney's advice.
Sources: 12 Del. C. §2719 (power of sale in a will) and §2701 (Chancery petition to sell when personal estate is insufficient, with at least 10 days' notice to interested parties and tenants). We could not confirm the rule for a sale when the will gives no power of sale and the sale isn't needed to pay debts; heirs often join in the deed, but ask a Delaware estate attorney. On transfer tax, Delaware excludes transfers by will (30 Del. C. §5401), and we found no general exemption for an estate's sale to an outside buyer, so expect the normal rate.
Where does a direct buyer fit in a Kent County estate sale?
Many Kent County estate houses need work, sit vacant, or belong to heirs who live elsewhere. A direct buyer can purchase as-is, contents included, and close when the personal representative has authority to sign. If listing would net the estate more, we will say so and show the math.
We buy in Dover, Smyrna, Camden-Wyoming and Milford. Delaware sales close at a licensed Delaware settlement attorney; Maryland and Pennsylvania sales close at a licensed title company or settlement attorney. See selling an inherited house or call (302) 525-0787.
General information, not legal or tax advice. Delaware sales close at a licensed Delaware settlement attorney; Maryland and Pennsylvania sales close at a licensed title company or settlement attorney.
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) 525-0787Frequently asked questions
Do I need an appointment at the Kent County Register of Wills?
Yes, to open or to close an estate. A deputy reviews your paperwork first and then schedules the appointment. Call 302-744-2330.
Can I use a small estate affidavit for a house in Kent County?
No. Delaware's small estate affidavit can't be used if the decedent owned Delaware real estate solely or as a tenant in common (12 Del. C. §2306).
What is the Delaware small estate limit in 2026?
$50,000 under HB 333, signed June 10, 2026. Kent County's website still lists $30,000, so confirm with the Register which limit applies to your case.
How long do creditors have to file claims against a Delaware estate?
8 months from the date of death (12 Del. C. §2102).
Does the Register of Wills record the deed when the house is sold?
No. Deeds are recorded by the Kent County Recorder of Deeds, 302-744-2314.
Sources
- Kent County: Wills & Estates
- Kent County Register of Wills FAQ
- Kent County Register of Wills Schedule of Fees (rev. 2/5/2026)
- Kent County Opening of Estate Checklist (rev. 11/2024)
- Kent County Recorder of Deeds
- 12 Del. C. ch. 23 (§2306 small estates, §2301 accounts)
- Delaware General Assembly: HB 333
- 12 Del. C. ch. 21 (§2102 claims)
- 12 Del. C. ch. 19 (§1905 inventory)
- 12 Del. C. ch. 27 (sale of real estate)
- 30 Del. C. ch. 54 (realty transfer tax)
- Delaware Code Title 30 index
General information, not legal, tax, or financial advice. Facts checked Oct 11, 2026 against the official sources above. Laws, fees, and schedules change; confirm with the office named or your attorney.
