What information and documents should be gathered before the decedent’s passing to streamline probate? – DE | Delaware Estate Planning

Detailed Answer

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Under Delaware probate law, gathering key information and documentation before an individual’s passing can significantly reduce delays, court costs, and family stress. Below is a comprehensive list of records and details to collect in advance:

1. Estate Planning Documents

Last Will and Testament and any codicils: locate the original signed will, note its physical location, and identify the nominated executor.
Trust Agreements: revocable living trusts, testamentary trusts, pour-over wills, and trustee appointment documents.
Advance Directives and Powers of Attorney: durable financial power of attorney, healthcare power of attorney, living will, HIPAA authorization forms.

2. Personal and Family Records

Identification: full legal name, Social Security number, birth date, and a copy of government-issued ID (e.g., driver’s license or passport).
Vital Records: birth certificates, marriage certificates, divorce decrees, adoption papers, and any name-change documents.
Contact List: names, addresses, phone numbers, and email addresses of heirs, beneficiaries, and trusted advisors (attorney, accountant, financial planner).

3. Asset Documentation

Real Property: deeds, mortgage statements, property tax bills, parcel numbers, and recording information from the county recorder.
Financial Accounts: bank statements, investment and brokerage statements, account numbers, online log-in credentials, and institution contact information.
Retirement Plans and Insurance Policies: IRA and 401(k) account details, pension paperwork, life insurance policies with policy numbers, beneficiary designation forms.
Business Interests: operating agreements, partnership agreements, corporate bylaws, shareholder agreements, stock certificates.
Personal Property: appraisals or inventories for valuables, jewelry, art collections, antiques, vehicles (titles and registration), and safe deposit box details (location, key holders).
Digital Assets: list of online accounts (email, social media, cryptocurrency wallets), credentials, and access instructions.

4. Debt and Liability Records

Loan Documentation: mortgage statements, auto loans, student loans, personal loans, credit card statements, and creditor contact information.
Outstanding Bills and Tax Returns: recent utility bills, property tax assessments, federal and state tax returns, notices from the IRS or Delaware Division of Revenue.

5. Final Wishes and Funeral Arrangements

Prepaid Funeral or Cemetery Contracts: agreements, receipts, cemetery deed, and funeral home contact information.
Letter of Instruction: non-binding memo outlining burial or cremation preferences, location of keys, passwords, digital assets, and executor instructions.

Collecting these documents ensures a smoother probate process under Title 12 of the Delaware Code. For example, filing a will for probate requires compliance with 12 Del. C. § 903 (12 Del. C. § 903), and if no valid will exists, intestate succession rules under 12 Del. C. § 503 (12 Del. C. § 503) determine distribution.

Helpful Hints

Maintain an up-to-date estate binder or digital folder; review annually or after major life events.
Store originals in a secure location (e.g., safe deposit box or fire-proof safe) and let your executor know where to find them.
Use a password manager for digital assets and share access with a trusted person or co-trustee.
Review beneficiary designations on retirement and insurance policies after births, deaths, marriages, or divorces.
Consider naming successor executors, trustees, and agents for power of attorney documents.
Consult an estate planning attorney to confirm your documents comply with Delaware law and accurately reflect your wishes.