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Delaware public records: who holds what

In Delaware, deeds are recorded by the Recorder of Deeds; birth and death certificates come from the DHSS Division of Public Health, Office of Vital Statistics; and requests for other government records fall under the Delaware Freedom of Information Act (FOIA). Below: who holds every other record, what copies cost and the official link for each office.

Last checked against official sources on .

On this page
  1. Who holds what in Delaware
  2. Public records law in Delaware
  3. Probate records and wills in Delaware
  4. How Delaware organizes its records
  5. Other records: background checks, voters, businesses, maps
  6. Counties in Delaware
  7. Warnings from official sources
  8. Official copies vs look-alike sites
  9. Official directories
  10. Sources

Who holds what in Delaware

The office that keeps each record, and the fee the law or the office sets for a copy. Open a record type for the full rules, ordering steps and older records.

RecordWho holds itCopy fee
DeedsRecorder of Deeds of each of Delaware's three counties: New Castle County (Wilmington area), Kent County (Dover) and Sussex County (Georgetown). Recorders' fees are set by county ordinance (9 Del. C. §§ 9617, 9619).1Set per county. Kent (schedule effective October 28, 2025): copies $1.00 per page (letter/legal), $10.00 per page for plots; internet download $2.00 per page. Sussex (effective July 1, 2024): office copies $.40 per page (up to 11x17); mailed = postage + $.40 per page. New Castle (schedule revised 1/28/20): $0.50 per page printed or copied by the customer, $1.00 per page copied by Recorder staff, $2.00 per page sent by mail, fax or email; online document view $1 per page.2
Property recordsEach county assesses real property (New Castle County Office of Assessment; Kent County Department of Finance / Assessment; Sussex County Assessment). Delaware has no state property tax; county, school-district and library taxes are billed by the counties.3—
Court recordsUnified state court system (not county courts): Supreme Court, Court of Chancery, Superior Court (criminal and civil cases; offices and a Prothonotary in each county), Family Court, Court of Common Pleas, Justice of the Peace Court, administered by the Administrative Office of the Courts.4Family Court (Schedule of Assessed Costs, effective 7/20/26): document copying $1.00 per page; certified copies $4.00 per page; exemplified copies $5.00 per page; archived case retrieval $25.00; divorce filing $165.00 (+$10 court security fee).5
Marriage recordsClerk of the Peace of each county issues marriage licenses, records the returned certificates and issues certified copies; the State Office of Vital Statistics (DHSS) also issues certified copies. Marriage records over 50 years old are at the Delaware Public Archives (through 1975).6$25 per certified copy of a marriage license/certificate (waived for active military members and spouses with valid military ID), whether issued by Vital Statistics or a Clerk of the Peace. New Castle County's Clerk of the Peace adds a one-time $2.50 processing fee on mail orders.7
Divorce recordsFamily Court of the county where the divorce was granted issues certified copies of decrees; the Office of Vital Statistics keeps divorce records for statistics only.7$4.00 per certified copy of a divorce or annulment decree; $1.00 non-certified; a retrieval fee may apply if the file is in archives (Family Court schedule: Archived Case Retrieval Fee $25.00).8
Birth certificatesDelaware Health and Social Services, Division of Public Health, Office of Vital Statistics (central office: Jesse Cooper Building, 417 Federal St., Dover; also Newark and Georgetown). Birth records 72+ years old (through 1953) are at the Delaware Public Archives.9$25.00 per certified copy (fee kept as a search fee if no record is found); free with a valid Delaware personal credential card (29 Del. C. § 8915); heirloom birth certificate $35.9
Death certificatesDHSS Office of Vital Statistics; death records over 40 years old (through 1985) are at the Delaware Public Archives.10$25.00 per certificate (part goes to the distressed cemetery fund). One free certified copy of a veteran's death certificate to a relative when essential to settling a claim.11
Probate and willsRegister of Wills of each county (New Castle, Kent, Sussex), an elected county office that acts only as a clerk of the Court of Chancery; fees set by each county's governing body.12—

Public records law in Delaware

Delaware Freedom of Information Act (FOIA) (29 Del. C. §§ 10001-10008 (Title 29, Chapter 100)) Read the law13

This law covers records that agencies hold, such as a county office's correspondence or a property file. Recorded deeds, vital records and court files usually have their own rules, set out in each record section.

Who can ask
Delaware citizens. The statute guarantees access to 'any citizen'; per the Attorney General's manual a public body may grant requests from non-citizens but may also deny them based on non-citizenship alone. Requests must be in writing and describe the records adequately.14
Response time
As soon as possible, but within 15 business days; the body may instead cite voluminous records, need for legal advice, or records in storage/archived and give a good-faith estimate of the extra time needed.13
Copy fees
Unless another Delaware Code section or county/municipal code sets different fees: first 20 standard black-and-white pages free, then $0.10 per sheet ($0.20 double-sided); microfilm/microfiche printouts $0.15/sheet after 20 free; oversized 18x22 $2.00, 24x36 $3.00, larger $1.00 per sq ft; color +$1.00 per sheet (+$1.50 larger); administrative (staff-time) fees only for requests needing more than 1 hour, billed per quarter hour at the lowest-paid capable employee's rate, excluding legal review; itemized estimate required before admin fees; prepayment may be required.13
If a request is refused
A citizen may petition the Attorney General (DOJ FOIA Coordinator, [email protected]) for a written determination; for state executive bodies the AG represents, the denied requester must petition the Chief Deputy AG within 60 days of denial, who rules within 20 days, then either side may appeal on the record to Superior Court within 60 days. For other public bodies a citizen may sue within 60 days of denial (and may petition the AG, who determines within 20 days).13
What is exempt
29 Del. C. § 10002(o) excludes from 'public record' (among others): personnel, medical or pupil files whose disclosure would invade privacy; trade secrets/confidential commercial information; investigatory files compiled for civil or criminal law-enforcement purposes; criminal files and records whose disclosure would invade privacy (a person may get their own record); intelligence files; records exempted by statute or common law; and more. Courts and the General Assembly are not covered by FOIA in the same way: courts are not 'public bodies' and have their own access rules. Voter lists are outside FOIA (15 Del. C. § 304(h)).13
Official guide
Delaware Department of Justice 'Open Government' FOIA portal with FAQ, FOIA opinions, Rules of Procedure for FOIA Petitions, and the Policy Manual for FOIA Coordinators (updated every two years; most recently October 2025).15

How to write a public records request

Probate records and wills in Delaware

Who holds it
Register of Wills of each county (New Castle, Kent, Sussex), an elected county office that acts only as a clerk of the Court of Chancery; fees set by each county's governing body.12
Search
Kent County offers an online Estate Search (shows only that a file exists); Sussex requires a written Estate Search Request Form (no email searches); New Castle County has a Register of Wills page (not retrieved).16

How this works in other states: probate records and wills by state.

How Delaware organizes its records

  • Only three counties, each with elected row offices: Recorder of Deeds (land records), Register of Wills (probate, acting as clerk of the Court of Chancery) and Clerk of the Peace (marriage licenses). Courts are state-run, not county-run.12
  • Trade names (DBAs) moved from the three county Prothonotary offices to a single statewide Division of Revenue registry on February 2, 2026.17
  • Delaware FOIA rights belong to citizens; non-citizens can be refused.14
  • Unified state correctional system: no county jails.18
  • Divorce decrees come only from Family Court; Vital Statistics keeps divorce data for statistics only.7

Other records: background checks, voters, businesses, maps

Criminal history checks

State repository
Delaware State Police, State Bureau of Identification (SBI), 600 S. Bay Road, Dover (enrollment centers Dover and Georgetown; IdentoGO/IDEMIA partner sites statewide). Fingerprint-based certified reports only.19
Who may order
Any person for their own record (service code 27RVGT, issued only to the requesting citizen); employers/licensing agencies via their own service codes. Criminal records of others are closed to the public under FOIA.19
Fee
$72.00 certified Delaware criminal history; $85.00 Delaware + FBI (only where mandated by law); fingerprint card only $30.00.19
How to order
Register online with IdentoGO using the service code, then be fingerprinted (SMART-E kiosks at SBI from October 5, 2026) or use the mail-in service; bring accepted ID. Questions: (302) 739-5884.19

Sex offender registry

Official registry
Delaware Sex Offender Central Registry, maintained by the State Bureau of Identification (Delaware State Police). Public site shows only moderate- and high-risk offenders.20

Inmate and jail lookups

State prisons
Delaware Department of Correction runs a unified system: all prisons and jails are state facilities. DOC directs the public to VINELink (vinelink.com) to check custody status.18
County jails
No county jails; pretrial detainees are also held by the state DOC.18

Voter records

Public or restricted
Voter lists are restricted and outside FOIA. Members of the public may buy a file limited to voter names, addresses, party affiliations, voting history, legislative district information and years of birth, and must swear it will not be used for commercial solicitation or non-electoral purposes. Free for qualified candidates.21
How to request
Submit the Department of Elections 'Voter Registration File Request' form (VRFM006) with $25.00 per request (check, money order, or cash in person); data delivered by secure email within up to 10 business days; one active request at a time.22

Business names (DBA)

Assumed names (DBA)
Since February 2, 2026 trade names (DBAs) are registered statewide with the Division of Revenue via Delaware One Stop (onestop.delaware.gov), no longer with each county's Superior Court Prothonotary; fee $25; a Delaware business license is required; search with the Division of Revenue's "Trade, Business and Fictitious Names Search". Pre-2026 Prothonotary filings are in a historic data file.17
Companies and LLCs
Department of State, Division of Corporations - free online entity name search (General Information Name Search) at icis.corp.delaware.gov/….23

Liens and UCC filings

UCC filings
UCC financing statements are filed centrally with the Division of Corporations (electronic only since December 1, 2015). Filing: $70.00 flat online; $125.00 (1-4 pages) via Authorized UCC Filer. Copies: plain $10.00 first page + $2.00 each additional; certified $25.00 + same page fees. Certified UCC searches are done through Delaware Authorized Searchers (registered agents/service companies).24
Federal tax liens
Federal liens/judgments affecting real property are recorded with the county Recorder of Deeds (Kent fee schedule lists 'U.S. Judgements').2
Judgment liens
Civil judgments are docketed in the courts; CourtConnect lets the public search judgments against a person or business.25

GIS and parcel maps

State GIS portal
FirstMap, the State of Delaware's enterprise GIS (Department of Technology and Information) at firstmap.delaware.gov; counties also run GIS viewers (New Castle County ArcGIS hub apps-nccde.hub.arcgis.com, Kent County GIS, Sussex mapping).26

Historical and genealogy records

State archives
Delaware Public Archives, 121 Martin Luther King Jr. Blvd. North, Dover; Research Room Mon-Fri 9:00 a.m.-4:00 p.m. (appointments encouraged; 302-744-5000, [email protected]). Mail/email orders priced by pages ($10.00 for 1-10 pages, etc.); staff copies $0.50/page in person.10
Public vital records
Archives holds birth certificates 72+ years old (through 1953), death certificates 40+ years old (through 1985), marriage certificates 50+ years old (through 1975); certified copies $25.00 each. Delaware vital records before 1913 are incomplete.10

Counties in Delaware

3 counties with a full guide

Each guide lists the office for every record type, the official online searches, copy fees, phones and hours.

All 3 counties

Names in bold open our guide. Names with an arrow go to the county's own website, where the US Census Bureau lists one and it opened when we checked.27

Warnings from official sources

  • Court/warrant/jury-duty phone and text scams (Delaware Judiciary)4
  • Deed fraud: sign up for free recording alerts; report to AG Consumer Fraud (Sussex County Recorder of Deeds)28
  • Vendor fees for vital records ordered online (DHSS Office of Vital Statistics)29

Official copies vs look-alike sites

A certified copy comes only from the office that holds the record; reports and "research copies" sold by commercial sites are not issued by any Delaware office. How to tell an official record source from a paid look-alike.

Official directories

Lists that name the office in every county.

Sources

Every fact above links to the official page it comes from; all 30 sources were checked on November 4, 2026. Fees and rules change, so check the office's own page before you pay or travel.

  1. Recorder of DeedsNew Castle County Governmentarchived copy
  2. Kent County Recorder of Deeds Fees Schedule (KCROD-12.0, effective October 28, 2025)Kent County Recorder of Deeds
  3. Property Tax InformationSussex County Governmentarchived copy
  4. Delaware Courts homeDelaware Judiciaryarchived copy
  5. Family Court Schedule of Assessed CostsDelaware Judiciary - Family Courtarchived copy
  6. Clerk of the PeaceSussex County Governmentarchived copy
  7. Delaware Code Title 16, Chapter 31, Subchapter II - Registration Requirements (incl. §§ 3128, 3132)Delaware General Assembly
  8. Copies of Divorce or Annulment DecreesDelaware Judiciary - Family Courtarchived copy
  9. Application for a Certified Copy of a Delaware Birth Certificate (Rev. Mar 2022)DHSS Office of Vital Statisticsarchived copy
  10. Visiting & Researching at the Delaware Public Archives (fees, vital records, records availability)Delaware Public Archives
  11. Application for a Certified Copy of a Delaware Death Certificate (Rev. March 2022)DHSS Office of Vital Statisticsarchived copy
  12. Delaware Code Title 12, Chapter 25 - Register of WillsDelaware General Assembly
  13. Delaware Code Title 29, Chapter 100 - Freedom of Information ActDelaware General Assembly (Delaware Code Online)
  14. Policy Manual for FOIA Coordinators (2025 Training Manual)Delaware Department of Justice
  15. Open Government (FOIA Portal and FAQ)Delaware Department of Justice (Attorney General)
  16. Estate SearchKent County Register of Willsarchived copy
  17. Trade Names FAQsDelaware Division of Revenue
  18. Department of Correction homeDelaware Department of Correction
  19. Obtaining a Certified Criminal HistoryDelaware State Police - State Bureau of Identification
  20. Delaware Sex Offender Central RegistryDelaware State Police - State Bureau of Identification
  21. Delaware Code Title 15, Chapter 3 - Department of Elections (incl. § 304 voter lists)Delaware General Assembly
  22. Voter Registration File Request form (VRFM006 v7.0 6/1/2022)Delaware Department of Elections
  23. Division of Corporations homeDelaware Department of State - Division of Corporations
  24. UCC Filing & Expedited FeesDelaware Division of Corporations
  25. Docket Information (CourtConnect)Delaware Judiciaryarchived copy
  26. FirstMap / Location IntelligenceDelaware Department of Technology and Information
  27. Government Units List 2026US Census Bureau
  28. Recording Activity Notification Service (deed fraud alert)Sussex County Recorder of Deedsarchived copy
  29. Office of Vital StatisticsDelaware Health and Social Services, Division of Public Healtharchived copy
  30. Family Court Records Request (appointment to review a file)Delaware Judiciary - Family Courtarchived copy