Understanding The Probate Process In Delaware: 8 Things You Need To Know

What is Probate?

Probate in Delaware is the legal process of administering a deceased person’s estate, ensuring that debts are paid and assets are distributed according to the will or, if no will exists, Delaware’s intestacy laws.

Where is Probate Handled in Delaware?

Probate in Delaware is overseen by the Register of Wills, which operates in each of the state’s three counties: New Castle, Kent, and Sussex. The Register of Wills office in the county where the deceased lived will handle the probate process.

Key Steps in the Probate Process in Delaware

1. File the Will: The executor named in the will must file the will with the Register of Wills. If there is no will, an interested party must apply to be appointed as the personal representative.
2. Inventory and Appraise the Estate: The personal representative must inventory the deceased’s assets, such as property, bank accounts, and personal items, and report the value to the court.
3. Notify Creditors: The estate must notify known creditors directly and publish a notice in a local newspaper to inform unknown creditors. Creditors have eight months from the date of death to file claims.
4. Pay Debts and Taxes: The estate is responsible for paying any debts and taxes, including Delaware’s inheritance tax if applicable.
5. Distribute Assets: Once debts and taxes are settled, the remaining assets are distributed to the heirs or beneficiaries according to the will or, if no will exists, Delaware’s intestacy laws.

When Is Probate Required in Delaware?

In Delaware, probate is required when the deceased owns assets solely in their name without a joint owner or designated beneficiary. Probate ensures these assets are properly transferred to heirs or beneficiaries.

Types of Probate in Delaware

1. Small Estate Affidavit: Estates valued at $30,000 or less can use a simplified process to transfer assets without full probate.
2. Uncontested Probate: If the estate is straightforward and there are no disputes, this simplified process can be used.
3. Contested or Formal Probate: Required when disputes arise or for more complex estates, this process involves more detailed court supervision.

Avoiding Probate in Delaware

Certain assets bypass probate, including jointly owned property, payable-on-death accounts, life insurance policies with named beneficiaries, and assets held in a trust.

How Long Does Probate Take in Delaware?

Probate in Delaware typically takes six months to a year, depending on the complexity of the estate. Smaller estates may be settled more quickly, while larger estates with disputes may take longer.

Common Terms in the Probate Process in Delaware

• Affidavit of Succession: A legal document used to claim small estates without going through full probate.
• Intestate: Dying without a valid will.
• Letters Testamentary/Letters of Administration: Court-issued documents that give the personal representative the authority to manage the estate.
• Personal Representative: The person responsible for managing the estate, also known as the executor or administrator.