How to Fix Mistakes in Delaware Probate Paperwork (for example: the wrong sibling listed)

Short answer: Small clerical errors in Delaware probate paperwork can often be fixed by filing corrected paperwork or an amendment with the Register of Wills / Orphans’ Court. If the error affects who inherits or who should be notified, you will usually need to file a formal petition and supporting evidence and (if disputed) go to a hearing. This article explains the typical steps, what documents to gather, and the types of filings you or an attorney may use under Delaware practice.

Detailed answer — what to do when probate paperwork lists the wrong sibling

1. Identify where the mistake appears

First determine exactly where the error appears. Common places:

• On the original will (if any).
• On the probate petition or application filed with the Register of Wills or Orphans’ Court.
• On the estate inventory, notice to creditors, or a published notice identifying heirs.

2. Minor clerical errors (typos, misspellings, single-name mistakes)

If the error is clearly a typo — for example, a misspelled surname or a first name spelled incorrectly — the usual approach is to submit a corrected document with an explanation and a request that the court or register accept the correction. Steps:

1. Contact the Register of Wills or Orphans’ Court clerk where the estate is filed and explain the error. Clerks can explain local procedure and whether a simple affidavit or a formal amended filing is required.
2. Prepare an amended filing or an affidavit stating the mistake and identifying the correct person. Include proof of identity (for example, a copy of the correct sibling’s birth certificate or other ID) if the clerk requests it.
3. File the corrected paperwork and pay any filing fee. The court will generally enter an order or note in the file reflecting the correction.

3. Substantive errors that change who is listed as an heir or beneficiary

If the wrong person is named as an heir or beneficiary (for example, the probate petition lists a sibling who is not actually a family member, or a rightful sibling was omitted), you will often need a formal court filing:

• Uncontested: The personal representative (executor/administrator) can typically file an amended petition or inventory and ask the court to correct the record. A short affidavit explaining the mistake and that all interested parties agree can be enough.
• Contested or unclear intent: If heirs disagree about who should inherit, or if the will itself appears to be wrong or ambiguous, a party may need to file a petition asking the Orphans’ Court to determine heirs, construe the will, or reform a will due to mistake. That will trigger notice to interested parties and a hearing where evidence is presented.

4. Mistakes in the will itself

If the will’s text names the wrong person, Delaware courts can sometimes reform a will to reflect the testator’s intent if there is clear, admissible evidence of a mistake. Reformation claims are fact-specific and may require testimony, drafts, witness affidavits, or other proof. Expect a formal petition and a hearing in Orphans’ Court when the will’s substantive meaning is at issue.

5. What the court will consider

When deciding whether to allow a correction or reformation, the court will look at:

• Whether the error is clerical (a simple mistake) or substantive (changes disposition of property).
• Evidence about the decedent’s intent (prior drafts, witness statements, communications, handwriting comparisons, etc.).
• Whether the change would prejudice creditors or other beneficiaries.
• Whether all interested parties consent to the correction.

6. Typical filings you may see in Delaware probate matters

• Amended Petition for Probate or Administration (to correct names or heirs on the original petition).
• Affidavit of Heirs or Corrective Affidavit (for simple, uncontested clerical corrections).
• Petition to Determine Heirs or to Construe/Reform a Will (if there is a dispute or ambiguity).

7. Where to file and who to contact

Probate matters in Delaware are handled through the county Register of Wills and the Orphans’ Court. Each county has local procedures. Start by contacting the Register of Wills or Orphans’ Court clerk where the estate is open. The Delaware Courts’ Orphans’ Court page has contact information and general guidance: https://courts.delaware.gov/orphans/.

8. Delaware law and statutes

Delaware’s statutes governing decedents’ estates and fiduciary relations are organized under Title 12 of the Delaware Code. Title 12 contains the rules that guide probate administration, appointment of personal representatives, and Orphans’ Court jurisdiction. You can read Title 12 here: https://delcode.delaware.gov/title12/. For court procedures, forms, and local rules, see the Orphans’ Court pages cited above.

9. Evidence that helps correct a probate error

Documents and evidence that make corrections faster and more likely to succeed:

• Original will and any drafts.
• Death certificate and proof of identity for heirs (birth certificates, IDs).
• Affidavits from witnesses to the will signing or people familiar with the decedent’s intent.
• Correspondence or notes showing the decedent’s stated intent.
• Family records (genealogies, prior court filings, social security records) to show relationships.

10. Timeline and likely costs

Simple clerical corrections: a few days to a few weeks, modest filing fee. Formal petitions or contested hearings: several weeks to months, possibly longer depending on courtroom schedules, and higher costs (court fees, service costs, and attorney fees). If parties consent, courts typically resolve corrections more quickly.

Helpful Hints

• Do not ignore a wrong name. If notice or heirs lists are incorrect, missing heirs might not get notice and could lose rights.
• Contact the Register of Wills or Orphans’ Court clerk early. Clerks can tell you whether an affidavit or amended filing is sufficient for your county.
• Gather supporting documents before filing. Clear documentary proof (IDs, birth/marriage records, prior drafts) speeds the process.
• If everyone agrees, ask the personal representative to file an amended petition with a signed affidavit attesting to the mistake and the correct information—this is the fastest route.
• If people disagree, expect a petition and hearing. Consider mediation if dispute is between family members; it may save time and money.
• When a will appears to name the wrong person, do not destroy or alter the original will. Preserve original documents and create certified copies for filings.
• Keep copies of every filing, affidavit, and court order in the estate’s records.
• If you are the potential heir who was omitted, act promptly. Statutes of limitation and notice requirements can affect your rights.
• Use the official Delaware Code and court resources for forms and local rule information: see Title 12 of the Delaware Code (https://delcode.delaware.gov/title12/) and the Orphans’ Court page (https://courts.delaware.gov/orphans/).

When to consult an attorney: If the correction is contested, if the will’s meaning is unclear, or if the estate is large or complex, consult an attorney who practices Delaware probate/Orphans’ Court matters. An attorney can prepare the petition, gather admissible evidence, and represent you at any hearing.

Disclaimer: This article is for general information only and is not legal advice. I am not a lawyer. Laws and procedures change, and your situation may require personalized legal advice. For guidance tailored to your facts, contact an attorney licensed in Delaware or the Orphans’ Court clerk for the county handling the estate.