If you’ve been named executor of a Delaware estate, the first legal step isn’t filing taxes or selling assets it’s getting officially appointed by the court. That appointment hinges on submitting the right paperwork correctly and on time. Without it, you can’t access bank accounts, transfer property titles, or even communicate with financial institutions as the estate’s representative. The required paperwork for Delaware executor appointments is how the court confirms your authority and skipping or misfiling any part delays everything that comes after.

What paperwork do you actually need to file?

You’ll file most documents with the Register of Wills in the county where the deceased lived. The core items are:

• A certified copy of the death certificate (original or certified not a photocopy)
• The original last will and testament (or a certified copy if the original is lost though that triggers extra steps)
• Form RW-101 (Petition for Probate of Will and Appointment of Executor), completed and signed
• Form RW-102 (Oath and Bond of Executor), signed in front of a notary
• A $100 filing fee (as of 2024; check the Delaware Register of Wills website for current fees)

If the will names more than one executor, each person must submit their own signed oath and bond. If the will doesn’t name an executor or if the named person can’t serve you’ll file for appointment as administrator instead, using Form RW-103.

When does this process start and what happens next?

You can begin filing as soon as you have the death certificate and original will. There’s no strict deadline, but waiting too long can cause practical problems: interest accrues on unpaid bills, assets may depreciate, and beneficiaries grow anxious. Once filed, the Register of Wills reviews the petition. If everything is in order, they issue Letters Testamentary the official document proving your authority. This usually takes 1–3 business days for uncontested cases. You’ll need those letters to open an estate bank account, request tax ID numbers, and handle all formal estate business. Learn more about what happens after appointment in our guide to the Delaware Letters Testamentary process for executors.

Common mistakes people make with the paperwork

Three errors come up often and all are avoidable:

• Using an uncertified death certificate. Hospitals or funeral homes often give out “informational” copies. Only certified copies from the Office of Vital Statistics are accepted.
• Signing the oath before notarization. The RW-102 form requires your signature in front of the notary not beforehand. Signing early means re-filing.
• Misidentifying witnesses on the will. Delaware requires two disinterested witnesses for a valid will. If the will lists family members as witnesses or if signatures are missing the Register may require affidavits or hold a hearing.

Another frequent oversight: forgetting to include a self-proving affidavit with the will. While not required, it avoids having to track down witnesses later. If the will lacks one, the Register may ask for additional verification.

Do you need a bond and what does it do?

Most executors in Delaware must post a surety bond unless the will explicitly waives it. The bond protects beneficiaries if the executor mismanages assets. The amount is usually based on the estate’s estimated value. You don’t pay the full bond amount just an annual premium to a bonding company. Some smaller estates qualify for a simplified bond process. Details on when a bond applies and how to get one are covered in our page on how to file Letters Testamentary in Delaware.

What if someone contests the will or objects to your appointment?

If another heir files an objection, the Register of Wills refers the matter to the Delaware Superior Court’s Probate Calendar. That shifts the process out of the Register’s office and into formal court proceedings. You’ll need to respond in writing, and hearings may follow. It’s rare in straightforward cases but worth knowing if family tensions exist. More on how executors function once in court is explained in our overview of executor responsibilities in Delaware probate court.

Next step: Get organized before you file

Gather these five things first: certified death certificate, original will, your photo ID, a list of known heirs and beneficiaries, and contact info for the estate’s attorney (if any). Then review the full scope of your role like managing debts, filing tax returns, and distributing assets on our page about Delaware estate administration duties for executors. Once your paperwork is complete and filed, keep copies of everything including the stamped receipt from the Register of Wills and wait for your Letters Testamentary. You’ll receive them by mail or can pick them up in person.