New Castle County, Delaware Court Filing
Fee Lookup

Court filing fees in New Castle County, Delaware are collected by the New Castle County Probate Court in Wilmington according to Delaware's statutory fee schedule, plus any local surcharges authorized by county ordinance. Delaware's court structure — Superior Court (civil) / Family Court / Register of Wills (probate) / Justice of the Peace (small claims) — determines which courthouse accepts which case types and what fees apply.

The New Castle County Probate Court operates as a high-volume court with structured calendars. Confirming the current fee schedule with the clerk's office is recommended, as fees can change when new state legislation takes effect or when the county updates its local surcharge schedule.

For the full Delaware court filing fee schedule, see our Delaware Court Filing Fees.

The New Castle County Superior Court is located at 500 N King St, Wilmington DE 19801. The court clerk can be reached at (302) 255-0800.

Visit the court's website for current forms, fee schedules, and filing instructions. Electronic filing is available.

Office hours: Mon–Fri 8:00 AM–4:30 PM.

• Filing fees in New Castle County are based on Delaware's statutory schedule, which applies statewide, plus any local surcharges assessed by the county. For reference, the statewide base fees by case type are: probate and estate filings — $35–$100 (Register of Wills, per county)
• civil complaints and appearances — $225–$350 (Superior Court) / $35–$60 (Court of Common Pleas)
• family law matters (divorce, custody, support) — $75–$175 (Family Court)
• small claims filings — $25–$45 (Justice of the Peace Court). These figures represent the state-level base
• the total amount due at the New Castle County Probate Court in Wilmington may include additional local charges.

As a high-volume jurisdiction, New Castle County may assess higher local surcharges than smaller counties, reflecting the greater administrative cost of operating a busy court in Wilmington.

• Beyond the initial filing fee, New Castle County litigants and estate administrators should budget for recurring court costs throughout the proceeding: fees for filing subsequent motions and responses, charges for certified copies of letters testamentary or court orders (typically $5 to $25 per document in Delaware), jury demand deposits in civil cases, and in probate matters, fees associated with filing the inventory, accountings, and petition for discharge.
• For a complete picture of expected court costs in New Castle County, request the full fee schedule from the New Castle County Probate Court clerk in Wilmington before initiating the proceeding.

Delaware is expanding e-filing across its court system. The New Castle County Probate Court in Wilmington likely participates in the state system — represented parties in civil and family matters may be required to file electronically.

Contact the clerk directly to confirm requirements for your case type and whether a convenience fee (typically $2–$8 per transaction) applies. For full statewide e-filing details, see our Delaware Court Filing Fees.

• New Castle County residents who cannot afford court filing fees may apply for a fee waiver under Del.
• Code Ann. tit. 10, § 8803.
• To apply, file a declaration of financial condition with the New Castle County Probate Court clerk's office in Wilmington at the time of your initial filing.
• The declaration lists all household income sources, monthly expenses, assets, and liabilities.
• A judge or court commissioner reviews the application and issues an order granting or denying the waiver, typically within a few days of submission.

• Eligibility for a fee waiver in New Castle County generally requires that household income fall at or below 125% to 200% of the federal poverty level, or that the applicant is receiving qualifying public benefits — commonly Medicaid, SNAP, SSI, or public housing assistance.
• The specific income thresholds and qualifying programs are defined in Del.
• Code Ann. tit. 10, § 8803 and may have been updated by recent legislation.
• Ask the New Castle County Probate Court clerk in Wilmington for the current income guidelines before completing your declaration.

• A granted fee waiver covers filing fees charged by the New Castle County Probate Court — including initial filing fees and subsequent filings in the same case — but does not cover costs owed to third parties.
• In New Castle County probate proceedings, a fee waiver does not eliminate the cost of publishing a notice to creditors in a newspaper of general circulation (a statutory requirement in most states), service of process fees paid to process servers or the sheriff's office, or costs for court-ordered appraisals.
• Budget for these additional costs separately even when a fee waiver is in effect.