In Kent County, an inherited house is handled through the Register of Wills in Dover. The office is on the second floor at 555 Bay Road, Room 214, and it opens and closes estates by appointment only. Delaware also does something many states do not. Sussex County's Register of Wills guide says title to real property passes to the beneficiaries at death, but the personal representative has to sell the house if the estate cannot pay its debts, expenses and taxes any other way.
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Kent County homes tend to be modest detached houses, manufactured homes and small multifamily buildings around Dover, and many families here are dealing with a relative's home that sits empty. Buyers and title companies will want clean paperwork before closing, so this page walks through the order of events. It is general information, not legal or tax advice. An estate attorney should look at your specific file.
Sussex County's guide says anyone holding a document that might be a will must deliver it to the Register of Wills within ten days of learning of the death, in the county where the person lived. Kent County asks for the original, not a copy. If you cannot find a will, tell the deputy early. The guide lists a safe deposit box and the decedent's important papers at home as the usual hiding places.
Kent says you can start in person or by mail. In person, bring the original death certificate, the original will if there is one, estimated asset values at death, a list of next of kin with full names, relationships and addresses, and a valid driver's license or passport. By mail, send the death certificate and will, the Case Information Sheet, any renunciation forms, and a copy of valid ID. Fees are paid by cash, check or money order only.
Kent's page says that once a deputy has reviewed your paperwork, the office contacts you to schedule the appointment to open the estate. You cannot skip this step. The office phone is 302-744-2330, and it is answered Monday through Friday from 8:00 a.m. to 5:00 p.m.
A named executor petitions for Letters Testamentary. If the will names no executor who can serve, the person applying files for Letters of Administration with the Will Annexed. With no will, the guide gives this order for who may petition: spouse, children, parents, then brothers and sisters. If none of them applies within 60 days of death, the Register may appoint any interested person. Children who do not want the job must renounce in writing.
Delaware raised its small estate limit from $30,000 to $50,000 for deaths on or after June 10, 2026 under House Bill 333. That limit covers personal property in the decedent's name alone. The Sussex County guide says an estate must still be opened when the decedent owned Delaware real estate in their own name, so a house held solely by the person who died usually points to formal probate. Ask the deputy or an attorney to confirm.
Once the estate is open, the Register arranges the legal notice in a local newspaper. Creditors have eight months from the date of death to file claims. The personal representative files an inventory within three months of opening and an accounting within one year. The guide advises caution about distributing assets before eight months have passed.
If the house will be sold, ask an estate attorney what the title company will need to see, whether all heirs must sign, and whether the personal representative needs to sell to cover debts. Then compare an agent listing with a cash sale. Do not sign a sale contract until you know who has the authority to sign it.
| Stage | Typical time |
|---|---|
| Deliver the will to the Register of Wills | Within ten days of learning of the death |
| Opening appointment | Scheduled after a deputy reviews your paperwork; Kent's page does not state a wait time |
| Inventory of assets | Within three months after the estate is opened |
| Creditor claims window | Eight months from the date of death |
| Accounting filed | Within one year of opening the estate |
| Kaizen cash offer and closing | Offer within 24 hours; close in 14 to 30 days or on your date |
555 Bay Road, 2nd Floor, Rm. 214, Dover, DE 19901
302-744-2330
Opens and closes estates by appointment and appoints personal representatives. Offers a small estate flowchart, a probate flowchart and will safekeeping. Payment by cash, check or money order only.
Official pageYour choices depend on the condition of the house and how fast the family needs to decide. Listing with an agent can bring the highest price when the home is in decent shape and the estate has time. Keeping the house while the estate settles is possible, but taxes, insurance and utilities keep running on a vacant property. A manufactured or rural Kent County home may take longer to attract retail buyers, so ask an agent for an honest timeline before you decide.
Kaizen buys houses as-is for cash. We make an offer within 24 hours, charge no agent commission, and require no repairs. We can close in 14 to 30 days or on the date that suits the estate. We cannot skip the Register of Wills or the title work. Your attorney should confirm who must sign before you accept any offer. Call 267-329-0084.
Usually yes, if the house was in the decedent's name alone. The Sussex County guide says an estate must be opened when the person owned Delaware real estate in their own name. If the house was held jointly with right of survivorship, the guide describes a separate affidavit filed with the Register of Wills. Ask an attorney which case you have.
The Delaware estate tax chapter is marked repealed, effective January 1, 2018, and the Sussex County guide says the inheritance tax ended for deaths on or after January 1, 1999. Federal estate tax can still depend on the size of the estate and the year of death, so a tax professional should review larger estates.
Yes. Kent's page lists a by-mail route that uses the original death certificate and will, a Case Information Sheet, any renunciation forms and a copy of valid ID. The office still schedules an appointment to open the estate after a deputy reviews what you sent.
The Sussex County guide says legal notice tells creditors that claims must be filed within eight months of the date of death, and that the Register of Wills arranges the notice. It advises personal representatives to be careful about distributions until that period has run.
Kaizen makes as-is cash offers and can close in 14 to 30 days or on your date, with no repairs and no agent commission. The estate still has to be in order first, and your attorney should confirm who has authority to sell. Call 267-329-0084.
General information, not legal or tax advice. Rules change; confirm details with the office or a professional.
No obligation. No fees. Just a fair offer from a local buyer.