Detailed answer — clear, step-by-step guidance

1. Confirm where the will must be filed

File the original will in the Delaware county where the decedent was domiciled (their permanent residence) at the time of death. Delaware probate matters are handled locally by the county Register of Wills (and related Orphans’ Court functions). If you are unsure which county, check the decedent’s last address, tax records, or driver’s license.

2. Contact the correct Register of Wills before you send anything

Call or email the Register of Wills office for that county. Ask for the office’s current process for out-of-state filers: whether they accept mailed originals, require in-person filing, prefer a specific courier, and what forms and fees they need. The Delaware Courts site provides county Register and Orphans’ Court contact pages: https://courts.delaware.gov/register/ and https://courts.delaware.gov/orphans/. For general statutory reference see the Delaware Code repository: https://delcode.delaware.gov/.

3. Gather what you must file

• Original will (do not sign, alter, or add anything to it).
• Certified copy of the death certificate (many offices require it to open probate).
• Completed probate intake or petition forms required by the county Register (ask the office for the exact forms).
• Contact information and identification for the person submitting (petitioner) — name, address, phone, relationship to the decedent.
• Copies of the will and other supporting documents to include with the filing (register will often want one photocopy in addition to the original).
• If the will is not self-proved, you may need affidavits from attesting witnesses or arrange for testimony. Ask the Register how they handle absent or out-of-state witnesses.
• Payment for the filing fee (check accepted methods: check, money order, credit card, or online payment).

4. Decide how to deliver the original will

Common options:

• Mail or courier: Use a trackable, insured courier (e.g., UPS, FedEx) or certified mail. Package the original securely and include a cover letter that identifies the decedent, the filer, and a return address.
• Local attorney or agent: Hire a Delaware attorney or appoint a local agent to file the will for you. An attorney can prepare the petition, appear if the court requires, and obtain certified copies of letters testamentary.
• In-person filing: If travel is possible, you may file in person and get immediate filing receipts.

5. What happens after filing

The Register will review the original will and the petition. If the will is in order and admits to probate, the court issues testamentary letters (executor powers) or a grant of probate. If witnesses must be located or testimony is required, the Register will instruct you on next steps. After probate you can request certified copies of the letters to handle bank accounts, real estate, and other assets.

6. If witnesses are out of state or unavailable

Many wills are “self-proved” at signing (a notarized affidavit signed by witnesses). A self-proved will typically avoids the need to produce live witness testimony. If a will is not self-proved and witnesses live out of state, the Register or court may accept notarized affidavits from the witnesses, depositions, or remote testimony depending on local practice. Contact the Register early to learn the acceptable alternatives.

7. Consider hiring a Delaware attorney

A local attorney can:

• File the petition and original will on your behalf.
• Address witness testimony issues and represent you before the court.
• Obtain certified letters and handle estate administration tasks you prefer not to manage from afar.

8. Keep careful records and protect the original will

Do not sign, mark, or tamper with the original. Keep a log of all correspondence, tracking numbers, copies sent, and the names of people you speak with at the Register’s office. Keep extra photocopies and a scan of the will for your records, but always send the original when filing.

9. Timing and deadlines

It is best to submit the original will promptly after death. While Delaware law allows presentation of wills for probate, waiting can complicate locating witnesses, collecting evidence, or dealing with third parties. For specific statutory deadlines related to creditor claims, estate administration, or elective-share rights consult the Delaware Code or an attorney. The Delaware Code is available at: https://delcode.delaware.gov/.

10. Where to find forms and official local instructions

Many Delaware counties post probate forms and filing instructions on the Courts website. Check county pages and forms here: https://courts.delaware.gov/register/ and https://courts.delaware.gov/orphans/. Contact the appropriate Register of Wills for any county-specific requirements before you mail the original.

Important reminder: This article provides general information about practical steps for submitting an original will from out of state. It is not legal advice. For legal questions about a specific estate, contact a licensed Delaware probate attorney or the local Register of Wills.

Helpful hints

• Call the county Register of Wills before you send anything. Office procedures and fee amounts change; get current instructions in writing (email) if possible.
• Use an insured, trackable courier or certified mail for the original will. Keep tracking and shipping receipts.
• Include a clear cover letter naming the decedent, your name and contact info, your relationship to the decedent, and a request to admit the will to probate.
• If possible, obtain a certified death certificate before filing—Registers usually require it.
• If witnesses are unavailable, ask the Register whether notarized witness affidavits, depositions, or remote testimony are accepted.
• Ask for and keep a stamped receipt or filing confirmation from the Register; it proves when and where you filed the original.
• If you cannot travel, consider engaging a Delaware attorney to file and represent you in any required hearings.
• Do not sign, add to, or alter the original will. Any changes can invalidate the document or cause disputes.
• After probate, obtain several certified copies of letters testamentary or letters of administration—institutions usually require certified copies to release assets.
• For statutory language and more detail, consult the Delaware Code online: https://delcode.delaware.gov/ and the Delaware Courts pages: https://courts.delaware.gov/register/ and https://courts.delaware.gov/orphans/.

Disclaimer: This information is educational only and does not create an attorney‑client relationship. It is not legal advice. For advice about a specific situation, consult a licensed Delaware probate attorney or the appropriate Register of Wills.