Delaware Probate Filing Fees & Court Costs

The Register of Wills costs to open and close probate in Delaware — a sliding-scale filing fee, plus a separate closing-cost percentage.

Register of Wills, 3 Counties FigureMyTax Editorial Team

Quick answer: Opening an estate in Delaware costs a Register of Wills filing fee on a sliding scale, roughly $30 to $1,905 or more depending on estate value. Unusually, there's a second fee layer too — a closing-cost percentage charged when the estate closes. Each of Delaware's three counties sets its own numbers. See the full picture in the Delaware probate cost calculator.

Two separate fee layers

FeeWhen chargedApprox. amount
Register of Wills filing feeOpening the estate~$30–$1,905+, sliding by estate value
Closing-cost percentageClosing the estate~1.25%–1.75% of net personal estate
Distribution Without LettersSmall estate only$0 (not filed as full probate)

Each county's governing body sets its own Register of Wills fee schedule under 12 Del. C. § 2510; New Castle, Kent, and Sussex figures differ. Confirm with your county Register of Wills.

Other administration costs

  • Publication to creditors — newspaper notice, three consecutive weeks; claims are barred 8 months from the date of death.
  • Bond — generally required unless waived by the will or all interested parties.
  • Appraisal — if real estate or a business must be valued.
  • Executor commission & attorney fee — the real variables, both reasonable amounts under 12 Del. C. § 2305, per Court of Chancery Rule 192.
Not the biggest cost: the filing and closing fees are small next to the executor commission and attorney fee. Delaware has no estate or inheritance tax, so there's no death-tax layer.

Ways to keep costs down

  • Distribution Without Letters — personal estate up to $50,000, no Delaware real estate, no full probate filing (12 Del. C. § 2306).
  • Ask your county Register of Wills for the current filing fee and closing-cost percentage before budgeting.
  • Executor waives the commission if a family member and beneficiary.

Delaware filing fees — frequently asked questions

How much is the Delaware probate filing fee?

It follows a sliding scale by estate value, roughly $30 to $1,905 or more, set by each county's Register of Wills.

Is the closing-cost percentage the same thing as the filing fee in Delaware?

No — they're two separate charges, the filing fee at opening and the closing-cost percentage when the estate closes.

Does Distribution Without Letters have its own filing fee in Delaware?

It isn't filed as full probate, so it doesn't carry either the filing fee or the closing-cost percentage.

Do all three Delaware counties charge the same filing fee?

No — each county's governing body sets its own schedule, so New Castle, Kent, and Sussex figures can differ.

Are Register of Wills fees the biggest cost in Delaware probate?

No — the executor commission and attorney fee are typically the larger cost drivers.

Facing probate in Delaware?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Delaware attorney

Estimate for general guidance only, not legal advice. Delaware's Register of Wills filing fee follows a sliding scale by estate value and varies by county under 12 Del. C. § 2510; a separate closing-cost percentage applies when the estate closes. The larger costs are the executor commission and attorney fee (§ 2305, Court of Chancery Rule 192), both reasonable amounts with no fixed percentage. Confirm current figures with your county Register of Wills.