If you’re handling a deceased person’s estate in Delaware and need to act as executor, you’ll likely need letters testamentary. These are official court documents that prove your legal authority to manage the estate pay bills, sell property, access bank accounts, or distribute assets. A Delaware letters testamentary forms list helps you know exactly which documents to file with the Register of Wills in the county where the deceased lived. Without the right forms, your application can be delayed or rejected leaving beneficiaries waiting and debts unpaid.

What is a Delaware letters testamentary forms list?

A Delaware letters testamentary forms list is not a single form, but a checklist of required documents needed to open a probate estate when the deceased left a valid will. It includes the original will (if available), the Petition for Probate, the Application for Letters Testamentary, the Oath and Bond of Executor, and sometimes affidavits or waivers from heirs. The exact forms depend on whether the estate is supervised or unsupervised, and whether all heirs consent to the appointment.

When do you need this list?

You need this list after someone dies and you’ve been named executor in their will or if you’re stepping in because no executor was named or the named person can’t serve. You’ll use it before filing anything with the Register of Wills. For example: if the deceased owned a Wilmington home solely in their name, or had a Dover-based brokerage account without a payable-on-death designation, you’ll need letters testamentary to transfer or close those assets. You won’t need them for jointly held accounts or assets with designated beneficiaries but you will for most other estate property.

Where do you get the correct forms?

Delaware does not publish a single, official “forms list” online. Instead, each county’s Register of Wills office provides its own versions and they vary slightly. New Castle County, for instance, uses Form 101A (Petition) and Form 102A (Oath and Bond), while Kent and Sussex Counties may use different numbering or add supplemental affidavits. You can download the current versions from the Delaware Courts Forms Portal, but always confirm with the local Register of Wills office first. Some forms must be notarized; others require witness signatures or certified copies of the death certificate.

Common mistakes people make with these forms

• Filing an unsigned or unnotarized Oath and Bond this is the most frequent reason for rejection.
• Submitting a photocopy of the will instead of the original (or a certified copy, if the original is lost).
• Leaving blanks on the Petition, especially in sections asking for asset estimates or heir contact information.
• Assuming all three counties accept identical forms New Castle doesn’t accept Kent’s version of Form 104, for example.
• Forgetting to include a completed waiver from adult heirs who aren’t petitioning to serve as executor.

How to avoid delays when filing

Double-check every signature and date before submitting. Make sure the death certificate lists the full legal name matching the will and that the will itself hasn’t been altered or damaged. If the estate includes real estate, you may also need a certified copy of the deed or a tax map ID number, depending on the county. Review the court requirements page for county-specific details before printing anything. And if you’re unsure whether the estate qualifies for unsupervised probate (which uses fewer forms), it’s worth reviewing the step-by-step legal process to see how your situation fits.

What to do next

Start by gathering the original will, certified death certificate, and a list of known heirs with their addresses and relationship to the deceased. Then go to the Register of Wills website for the correct county and download the current forms. Fill them out carefully use black ink, write legibly, and sign in front of a notary if required. Once complete, file in person or by mail (some counties now accept scanned filings with prior approval). If you run into questions about which forms apply to your case, the how-to-file guide walks through real examples, including what to do if the will names co-executors or if one heir lives out of state.

Before you file: Print and check off this quick list:
☐ Original will (or proof it’s been lost, with affidavit)
☐ Certified death certificate
☐ Completed Petition for Probate
☐ Signed and notarized Oath and Bond of Executor
☐ Waivers from all adult heirs (if applicable)
☐ Filing fee (varies by county check current amount)