How to Verify if the Decedent had a Valid Will or Other Estate Planning Documents in Delaware | Delaware Estate Planning | FastCounsel
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How to Verify if the Decedent had a Valid Will or Other Estate Planning Documents in Delaware

Detailed Answer Under Delaware Law

Delaware law requires a valid will to be in writing, signed by the testator in the presence of at least two witnesses, and properly attested (12 Del. C. § 202). To verify whether the decedent left a will or other estate planning documents, follow these steps:

  1. Inspect Personal Records: Search the decedent’s home, office, safe deposit boxes, computer files, and mail for original or draft estate planning documents.
  2. Contact Advisors: Reach out to any attorneys, accountants, financial planners, or trust officers who worked with the decedent. Professionals often keep copies of wills, trusts, powers of attorney, or healthcare directives.
  3. Search with the Register of Wills: Delaware law directs original wills to be filed with the Register of Wills in the county of the decedent’s residence (12 Del. C. Ch. 19). You can submit a written inquiry or visit the county office to request a record search.
  4. Check Court Probate Records: If someone has already opened a probate case, the will may be on file with the Court of Chancery or Superior Court. Contact the relevant court clerk to search probate dockets.
  5. File a Disclosure Petition: If you reasonably believe a will exists but cannot locate it, you may petition the court under 12 Del. C. § 1302 to compel any custodian to produce the document.
  6. Proceed on Intestacy if Necessary: After a diligent search, if no valid will appears, you can apply for administration under Delaware’s intestacy rules (12 Del. C. § 1301).

Following these steps helps you uncover any valid estate planning instruments and ensures you respect the decedent’s final wishes.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed Delaware attorney for guidance tailored to your circumstances.

Helpful Hints

  • Gather the decedent’s death certificate before requesting records.
  • Check digital storage and email for scanned or electronic documents.
  • Keep a log of every office or person you contact and the dates of communication.
  • Review letters, bank statements, and brokerage accounts for referrals to estate planners.
  • Act promptly to meet any probate filing deadlines in Delaware.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.