The Delaware Opening Petition (often called the Petition for Probate, or the Petition to Act as Personal Representative) is the form you file with the Register of Wills in the county where the person who died lived, and it asks the court to prove the will and name you as the legal person in charge of the estate. You file it to unlock the deceased person’s bank accounts, sell their home, pay their bills, and pass what is left to the heirs named in the will.
Losing someone you love is hard, and the paperwork can feel like one more weight on your shoulders. This guide walks you through the petition slowly and in plain words, so you can fill it out with confidence. Delaware law under Title 12 requires that anyone holding a will deliver it to the Register of Wills within 10 days of learning of the death, and most families open the estate within a few weeks. About 5,000 to 6,000 estates move through Delaware’s three Register of Wills offices each year, and a large share of first-time filers get held up over one or two avoidable mistakes.
Here is what you will learn:
- 📋 What the Opening Petition is, who must sign it, and the exact documents to gather first
- ✍️ How to fill out every box on the form, line by line, with sample entries
- 👨👩👧 Three full walk-throughs using real-life family situations
- 🏛️ How to file in New Castle, Kent, and Sussex counties, with fees and addresses
- ⚠️ The mistakes that get petitions rejected and how to dodge each one
What the Form Is and Who Must File It
The Opening Petition is the document that starts probate in Delaware. Probate is the court-supervised process of proving a will is real, naming someone to manage the estate, and making sure debts and taxes get paid before heirs receive anything. The form asks the Register of Wills to admit the will to probate and to issue you “letters testamentary,” which are the official papers that prove you have legal power to act for the estate.
The person named as executor in the will is the one who should file. Delaware law in § 1302 says a will must be proved before the Register of Wills of the county where the person was domiciled, meaning their true, fixed home, at the time of death. If the will names no executor, or the named executor cannot serve, the surviving spouse has first priority, then the next of kin, then any other interested person.
You file this form when there are assets in the deceased person’s name alone. If everything was jointly owned or had a named beneficiary, like a payable-on-death account, you may not need full probate at all. Delaware also offers a small estate shortcut under § 2306 for estates of personal property worth $30,000 or less, which uses a Small Estate Affidavit instead of this petition.
The agency that receives the form is the county Register of Wills, an elected office that acts as the probate court for everyday estates. The statute that requires the filing is Title 12 of the Delaware Code, Decedents’ Estates and Fiduciary Relations. The penalty for ignoring the duty is real: under § 1301, a person who willfully fails to deliver a will can be held liable for damages and even held in contempt of the Court of Chancery.
Before You Start: Documents and Information You Need
Gathering everything before your appointment saves you a second trip and keeps your case moving. The Register of Wills works mostly by appointment, and missing a document can stall your filing for weeks. Use this checklist before you open the form.
- The original will, not a copy. The Register records the original; a photocopy alone will not be admitted to probate, which means the estate could be treated as if there were no will.
- A certified death certificate. The office confirms the death and the date, which sets every deadline that follows; without it, the petition cannot be processed.
- Your photo ID. The Register verifies you are the person signing under oath, and a missing ID stops the appointment cold.
- A list of solely owned assets with estimated values. This drives the filing fee and the bond amount, and a guess that is far off can force you to refile.
- A list of solely owned real estate with estimated values. Real property has its own line and affects later tax affidavits; leaving it out delays the title transfer.
- A list of next of kin with names, addresses, and relationships. The court uses this to notify heirs, and a missing heir can trigger a challenge later.
- The names and addresses of the beneficiaries named in the will. These people receive notice, and bad addresses bounce the required mailings.
- Your own contact information and Social Security number. The office cross-checks your identity, and a mismatch slows the issuance of your letters.
Two more items help. Bring any prior court papers if another state already started probate, and bring cash, a check, or a card for the filing fee, since the office will not process the petition without payment.
Where to Get the Form and How to Access It
New Castle County posts its fillable Opening Petition Form and a matching sample on its Register of Wills forms page, along with a “List of Documents for Opening” checklist. Kent County and Sussex County handle much of the opening in person, and Sussex offers a “Probate Pack” through its forms portal. When forms are not online, you complete them with staff at your appointment.
You can get the form three ways: download and print it from the county website, pick it up in person at the Register of Wills office, or have staff guide you through it at your scheduled appointment. New Castle County’s office sits at 800 N. French Street, Second Floor, in Wilmington. Kent County’s office is at 555 Bay Road, Room 214, in Dover, and Sussex County’s office is in the county complex in Georgetown.
Always confirm you have the current version of the form before you write on it. County offices update forms, and an old version may ask for outdated information or miss a required field. If you are unsure, call ahead: New Castle is (302) 395-7800, Kent is (302) 744-2330, and Sussex can be reached through the county site.
Most estates are opened by appointment, so call early. Walk-in hours are limited, and a quick call lets the office tell you exactly which documents your situation needs before you arrive.
Step-by-Step: How to Fill Out the Delaware Opening Petition Line by Line
The form is organized into clear sections. Work top to bottom, write in black ink or type, and keep your answers consistent with the death certificate and the will. Below, each section gets its own walk-through.
Section 1: County and Office Header
What it asks in plain English. This part names which county Register of Wills you are filing with and identifies the office handling the estate.
How to answer it. Enter the county where the deceased person lived at the time of death, not where they died or where you live. Write the county name in full, such as New Castle.
A specific example. Robert Hayes lived in Newark his whole life, so his daughter Karen writes New Castle in the county field because Newark sits in New Castle County.
A nuance or edge case. If the person lived in one county but owned a vacation home in another, you still file in the county of their main home. The second county only matters later, for recording real estate.
A common mistake and its consequence. Filers sometimes pick the county where the death happened, such as a hospital in Wilmington for a Kent County resident. The Register will reject the filing and send you to the correct county, costing you weeks.
A misconception people hold. Many think they can file in whatever county is closest to them. The law ties the filing to the deceased person’s home county, not the executor’s convenience.
Section 2: Decedent’s Information
What it asks in plain English. This section identifies the person who died, including their full legal name, address, and date of death.
How to answer it. Write the name exactly as it appears on the death certificate, in the order First, Middle, Last. Enter the date of death in MM/DD/YYYY format and the home address as it read at the time of death.
A specific example. Karen enters Robert James Hayes as the decedent’s name and 04/12/2026 as the date of death, matching the certificate word for word.
A nuance or edge case. If the person used a nickname or a maiden name on some accounts, list the legal name here and note “also known as” on the asset list. This keeps bank records matching the court papers.
A common mistake and its consequence. Writing a shortened name like “Bob Hayes” when the certificate says “Robert James Hayes” creates a mismatch that can hold up the transfer of titled assets.
A misconception people hold. People assume small spelling differences do not matter. Banks and the DMV match names letter for letter, so even a missing middle name can stall a transfer.
Section 3: Petitioner’s Information
What it asks in plain English. This box asks who you are, your relationship to the deceased person, your address, and your contact details.
How to answer it. Enter your full legal name, your relationship such as daughter or spouse, your mailing address, your phone number, and your email. Sign nothing yet; the signature comes at the end before a notary or the Register.
A specific example. Karen writes Karen Anne Hayes-Cole, relationship daughter, with her Newark address and cell number.
A nuance or edge case. If you live out of state, Delaware lets you serve, but New Castle County asks an out-of-state personal representative to file a Power of Attorney naming a Delaware agent for service. Plan for that extra form.
A common mistake and its consequence. Listing a relationship that does not match your priority to serve, such as a niece filing while a surviving spouse is alive and willing, can cause the Register to question your standing and pause the appointment.
A misconception people hold. Some believe being named in the will as a beneficiary gives them the right to file as executor. Only the named executor, or the legal order of priority, controls who may serve.
Section 4: Information About the Will
What it asks in plain English. This part confirms the deceased person left a will, gives its date, and asks whether it is self-proved.
How to answer it. Enter the date the will was signed, state whether you are submitting the original, and check whether the will is self-proved. A self-proved will carries a notarized affidavit from the witnesses under § 1305.
A specific example. Karen enters the will date 06/03/2019 and checks “self-proved,” since her father’s will has the witness affidavit attached.
A nuance or edge case. If the will is not self-proved, you must produce a witness to confirm the signatures, or use the alternate proof allowed under § 1304 when a witness has died or moved away.
A common mistake and its consequence. Marking a will self-proved when it lacks the notarized witness affidavit forces the Register to demand witness testimony, which can take weeks to arrange.
A misconception people hold. People think any notarized will is self-proved. The signature alone is not enough; the will needs the specific witness affidavit language from § 1305.
Section 5: Executor or Personal Representative Designation
What it asks in plain English. This section names you, or whoever will serve, as the personal representative and confirms you are willing and qualified to act.
How to answer it. Enter your name as the person seeking letters testamentary, and confirm you are over 18 and of sound mind. If a higher-priority person is stepping aside, attach a Renunciation form.
A specific example. Karen lists herself, and because her brother Mark has equal priority, Mark signs a renunciation so Karen can serve alone.
A nuance or edge case. Co-executors may serve together, but both must sign every filing and often must both approve estate actions. This can slow decisions, so families sometimes have one person renounce.
A common mistake and its consequence. Failing to file a renunciation when another equal-priority heir exists leaves a gap that an unhappy relative can use to contest your appointment.
A misconception people hold. Some assume the executor named first in the will is locked in. That person can decline, and the next in line may serve with the proper paperwork.
Section 6: List of Assets and Estimated Value
What it asks in plain English. This part asks for the deceased person’s solely owned assets and a good-faith estimate of their total value.
How to answer it. Separate personal property, like bank accounts and cars, from real estate. Enter estimated values as of the date of death, and round to whole dollars. This figure sets your filing fee and bond.
A specific example. Karen lists a checking account of $18,400, a car worth $9,000, and a home valued at $310,000.
A nuance or edge case. Jointly held property with right of survivorship usually passes outside probate and is cleared with a separate Jointly Held Affidavit, so do not list it as a probate asset here.
A common mistake and its consequence. Lowballing the estate value to save on fees can require an amended filing and a bond increase once the true value surfaces in the inventory.
A misconception people hold. People think they must list every household item. You give a reasonable estimate now; the detailed Inventory Form comes within three months after opening.
Section 7: Next of Kin and Beneficiaries
What it asks in plain English. This section lists the deceased person’s heirs at law and the people who inherit under the will, with addresses.
How to answer it. List each person’s full name, mailing address, and relationship. Include heirs even if the will leaves them nothing, because they have a right to notice.
A specific example. Karen lists herself, her brother Mark, and her mother Linda, each with a current address and relationship.
A nuance or edge case. If an heir’s address is unknown, note “address unknown” and explain your search efforts. The court may require notice by publication for missing heirs.
A common mistake and its consequence. Leaving out an heir, even one cut out of the will, can void the protection that probate gives you and open the door to a later challenge under § 1309.
A misconception people hold. People believe only beneficiaries need to be listed. Heirs at law must appear too, because they could inherit if the will fails.
Section 8: Bond
What it asks in plain English. This part addresses whether you must post a bond, which is an insurance policy that protects heirs if the executor mishandles money.
How to answer it. Check whether the will waives bond. If it does not, the Register sets a bond amount based on the personal property value, and you arrange it through a surety company.
A specific example. Robert’s will says “I direct that no bond be required of my executor,” so Karen checks the waiver box and skips the bond.
A nuance or edge case. Even when a will waives bond, the Register can still require one if an out-of-state executor serves or if heirs object. Ask the office how they handle your situation.
A common mistake and its consequence. Assuming bond is automatically waived when the will is silent leads to a surprise at the counter, since a silent will usually means a bond is required.
A misconception people hold. People think a bond is a fee they never get back. It is a surety arrangement; you pay a yearly premium, and it protects the estate, not the court.
Section 9: Verification, Oath, and Signature
What it asks in plain English. The final section is your sworn statement that everything in the petition is true, signed under oath before the Register or a notary.
How to answer it. Read the verification language, then sign and date in front of the Register or a notary. Do not sign in advance, because the oath must be witnessed.
A specific example. Karen signs Karen Anne Hayes-Cole and dates it 04/28/2026 at the counter, after the clerk administers the oath.
A nuance or edge case. Co-executors each sign their own oath. If you mail documents in, the office will tell you which signatures must be notarized first.
A common mistake and its consequence. Signing the verification at home before the oath is given can make the petition invalid, forcing you to redo it in person.
A misconception people hold. People think the oath is a formality. It is a legal promise, and false statements in the petition can carry penalties for perjury.
Three Filled-Out Examples Using Real Scenarios
Below are three common Delaware estates, each followed from start to finish. Use the one closest to your situation as a model.
Scenario 1: Surviving spouse, simple estate, bond waived. Linda’s husband Robert died in Newark with a self-proved will leaving everything to her.
| Form Section | What Linda Enters |
|---|---|
| County | New Castle |
| Decedent’s name | Robert James Hayes |
| Date of death | 04/12/2026 |
| Petitioner and relationship | Linda Hayes, spouse |
| Will date and type | 06/03/2019, self-proved |
| Personal property value | $27,400 |
| Real estate value | $310,000 |
| Next of kin | Linda (spouse), Karen and Mark (children) |
| Bond | Waived by will |
| Signature | Linda Hayes, sworn before the Register |
Scenario 2: Adult child executor, mid-size estate with a house. James died in Dover, naming his daughter Aisha as executor, with two adult children as heirs.
| Form Section | What Aisha Enters |
|---|---|
| County | Kent |
| Decedent’s name | James Earl Brown |
| Date of death | 02/20/2026 |
| Petitioner and relationship | Aisha Brown-Carter, daughter |
| Will date and type | 11/15/2021, self-proved |
| Personal property value | $64,000 |
| Real estate value | $245,000 |
| Next of kin | Aisha and Devon (children) |
| Bond | Required, set by Register |
| Signature | Aisha Brown-Carter, sworn before the Register |
Scenario 3: Out-of-state executor, decedent owned a Delaware beach home. Marcus, who lives in New Jersey, is executor for his aunt Carol, a Sussex County resident.
| Form Section | What Marcus Enters |
|---|---|
| County | Sussex |
| Decedent’s name | Carol Ann Whitman |
| Date of death | 03/05/2026 |
| Petitioner and relationship | Marcus Reed, nephew and named executor |
| Will date and type | 07/22/2020, self-proved |
| Personal property value | $41,500 |
| Real estate value | $420,000 |
| Next of kin | Marcus and two cousins |
| Bond | Required; out-of-state, plus Power of Attorney |
| Signature | Marcus Reed, sworn before a notary, mailed in |
Each filer brought the original will, a certified death certificate, photo ID, and their asset and heir lists. Marcus also filed a Power of Attorney naming a Delaware agent, since he lives out of state.
How to File the Completed Form
Delaware probate is filed at the county Register of Wills, mostly in person and by appointment, with some out-of-state filers mailing documents after a phone setup. Choose your channel based on where you live and your county’s practice.
In person. Call to schedule, then bring the original will, certified death certificate, photo ID, asset and heir lists, and payment. New Castle is at 800 N. French Street, Wilmington; Kent is at 555 Bay Road, Room 214, Dover; Sussex is in Georgetown. Walk-in hours vary, so confirm before you go.
By mail. Out-of-state executors often coordinate by phone, get documents notarized, then mail the signed petition and originals. Call the office first so they tell you exactly what to send and where, and use tracked mail so you have proof of delivery.
Fees and payment. New Castle County charges roughly $80 to open a case, and Kent County’s fee schedule lists a probate fee of 1.75% of the net personal estate plus smaller charges, such as $2.00 to admit the will and $2.00 per page to record it. Total court fees commonly run from under $100 for tiny estates to $1,900 or more for large ones. Offices accept cash, check, and usually card; confirm before you arrive.
Processing time and proof. Once accepted, the Register admits the will and issues letters testamentary, often the same day for in-person filings. Keep your stamped receipt and certified copies of your letters, because banks and the DMV will ask for them. Order several certified copies up front, since each institution wants its own.
What Happens After You File
Once the will is admitted and your letters testamentary are issued, you are the official personal representative. You can now open an estate bank account, access the deceased person’s solely owned accounts, and begin handling debts and property. Keep careful records from day one, because the court will ask for them later.
Your next big deadline is the Inventory. Within three months of opening, you must file Inventory Form 600 RW, which lists the estate’s assets and values in detail. Missing this deadline can bring a late fee and a notice from the Register.
You must also handle creditors and taxes. Delaware requires notice to creditors, and creditors generally have a limited window to file claims against the estate. You then pay valid debts, file any required tax affidavits, and prepare the final accounting.
The estate closes when you file the Accounting, which shows every dollar that came in and went out, and distribute what remains to the heirs. Most Delaware estates take 12 to 18 months from opening to closing, longer if there is real estate to sell or a dispute among heirs.
Mistakes to Avoid When Filling Out the Form
Small errors cause most delays. Watch for these.
- Filing in the wrong county; the Register rejects it and sends you to the home county.
- Submitting a photocopy instead of the original will; the will cannot be admitted.
- Misspelling the decedent’s name versus the death certificate; titled assets stall.
- Marking the will self-proved when it is not; you must then arrange witness proof.
- Lowballing the asset value; you may face an amended filing and bond increase.
- Forgetting to list an heir; this weakens probate’s protection from challenges.
- Skipping a renunciation when another equal-priority heir exists; your standing is questioned.
- Assuming bond is waived when the will is silent; you face a surprise bond requirement.
- Signing the oath at home before the Register administers it; the petition is invalid.
- Bringing no payment; the office will not process the petition without the fee.
- Missing your appointment without calling; some offices charge a no-show fee.
- Ignoring the three-month Inventory deadline; a late fee and notice follow.
Do’s and Don’ts
Do:
- Do file in the county where the deceased person lived, because the law ties probate to their home.
- Do bring the original will, since only the original can be admitted to probate.
- Do match every name to the death certificate, because banks and the DMV check letter for letter.
- Do order several certified copies of your letters, since each institution wants its own.
- Do call ahead for an appointment, because most opening is done by appointment.
- Do keep every receipt and record, because the court will require an accounting later.
Don’t:
- Don’t sign the verification before the oath is given, because that can void the petition.
- Don’t guess wildly at asset values, since a bad estimate can force a refiling.
- Don’t leave out heirs cut from the will, because they still have a right to notice.
- Don’t list jointly held survivorship property as a probate asset, since it passes outside probate.
- Don’t ignore the Inventory deadline, because late filing brings fees and notices.
- Don’t assume bond is waived, since a silent will usually means bond is required.
Pros and Cons of Filing on Your Own vs. With Help
Many Delaware families open simple estates without a lawyer, while complex ones benefit from professional help. Weigh both.
Pros of filing on your own:
- You save on attorney fees, which can run from a few hundred to several thousand dollars.
- You keep full control over the timing and the decisions.
- Register of Wills staff can guide you through the basic forms at your appointment.
- Simple estates with a clear will and few assets are often straightforward.
- You learn the estate’s details firsthand, which helps with later filings.
Cons of filing on your own:
- You carry personal responsibility for mistakes, which can cost the estate money.
- Tax affidavits and the final accounting can be confusing without experience.
- A missed heir or deadline can expose you to a challenge or a late fee.
- Out-of-state or contested estates get complicated fast.
- You spend significant time over the 12 to 18 month process.
FAQs
Do I file in the county where my relative died or where they lived?
No. You file in the county where the person was domiciled, meaning their true home, at the time of death, not where the death happened or where you live.
Can I file with a copy of the will if I cannot find the original?
No. The Register records the original will. A lost original requires a special court proceeding, so search carefully before filing.
Do I have to list heirs who were left out of the will?
Yes. You must list all heirs at law, even those who inherit nothing, because they have a right to notice and could inherit if the will fails.
Is a bond always required to serve as executor?
No. If the will waives bond, you usually skip it, but a silent will, an out-of-state executor, or an objecting heir can still trigger a bond requirement.
Do I write the decedent’s nickname or legal name in the name box?
No. Write the full legal name exactly as it appears on the death certificate, and note any “also known as” names on the asset list instead.
Can I sign the petition at home before my appointment?
No. The verification is sworn under oath, so you must sign it before the Register or a notary who administers the oath.
Does my will being notarized make it self-proved?
No. A will is self-proved only when it includes the specific notarized witness affidavit under § 1305, not just any notarization.
Do I list jointly owned property as a probate asset?
No. Property held jointly with right of survivorship passes outside probate and is cleared with a separate Jointly Held Affidavit.
Can someone living out of state serve as a Delaware executor?
Yes. Out-of-state residents can serve, but New Castle County asks them to file a Power of Attorney naming a Delaware agent for service.
Do I need to file an Inventory after opening the estate?
Yes. You must file the Inventory, such as Form 600 RW, within three months of opening, listing the estate’s assets and their values.
Is there a cheaper option for a very small estate?
Yes. Delaware offers a Small Estate Affidavit for estates of personal property of $30,000 or less, which skips full probate.
Can two people serve as co-executors on the same petition?
Yes. Co-executors may serve together, but both must sign every filing and often must agree on estate actions, which can slow decisions.
Do I get the filing fee back when the estate closes?
No. Court filing fees are not refunded, but they are paid by the estate rather than out of your own pocket.
Can a beneficiary in the will demand to be the executor?
No. Only the named executor, or the next person in the legal order of priority, may serve; being a beneficiary alone does not grant that right.
Related reading
- How to Fill Out South Carolina Petition for Probate of Will + FAQs
- How to Fill Out the Delaware Final Account and Petition for Distribution + FAQs
- How to Fill Out Delaware Inventory and Appraisement of the Estate + FAQs
- How to Fill Out Delaware Notice to Creditors (w/Examples) + FAQs
- How to Fill Out a Delaware Small Estate Affidavit (w/Examples) + FAQs
- How to Fill Out the Rhode Island Petition for Probate of Will (Form PC-1.5) + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs