Short answer
Usually yes, if the owner died holding the house in their name alone. Delaware requires an estate to be opened with the county Register of Wills in that case, and the personal representative receives letters of authority to act. A title company will normally ask to see them before closing.
When Delaware requires an estate to be opened
The Kent County Register of Wills publishes a plain-language guide for families. It says an estate must be opened for probate if the person who died owned Delaware real estate in their name alone. That covers a house held solely or as a tenant in common with others. It also says an estate must be opened if the person held more than the small-estate limit (raised to $50,000 by House Bill 333, effective June 10, 2026) in personal property in their name alone. A house owned in sole name therefore triggers the process by itself, no matter how small the rest of the estate is.
What the letters are
Letters are the court paper that shows who has authority over the estate. The brochure explains two kinds. Letters testamentary go to the executor named in a will. Letters of administration go to the person appointed when there is no will, when the will names no executor, or when the named executor has died, given up the job or cannot serve. Both come from the Register of Wills. The sale of the house is signed by that person, not by whichever relative lives closest or paid the funeral bill.
How you get them
The guide lists the opening steps. The personal representative files a certified copy of the death certificate, the original will if there is one, and a petition for authority to act. The Register of Wills requires an appointment to open an estate, and fees are paid at that visit. A legal notice about the estate is published in a local newspaper so creditors know. Counties run their own offices, so a family in New Castle or Sussex County should call their own Register of Wills before planning a date.
What to ask before you list or sign
A buyer cannot close on a house without someone who has authority to sign for the owner. Ask an estate attorney whether the will gives the executor power to sell, whether all heirs must sign anything and what the title company will want to see. This page is general information and is not legal advice. The brochure itself recommends talking to an attorney, and that matters most when the heirs disagree or the paperwork is incomplete.
Selling for cash instead
Opening an estate takes appointments and paperwork, and some heirs would rather not wait on a listing. Kaizen Home Buyers buys houses for cash, as-is, with no repairs and no agent commission. We can make an offer within 24 hours and close in 14 to 30 days, or on the date you choose. Call 267-329-0084.