Detailed Answer

Short summary: If a sibling (the personal representative/executor/administrator) filed a final accounting for your parent’s estate and distributed assets without giving you notice, you have several possible remedies under Delaware law — but you must act quickly. The usual steps are: obtain the estate file, determine whether you were an “interested person” entitled to notice, ask the court to halt further distributions, and file timely objections or a petition to reopen or set aside the accounting. The Register of Wills and Delaware courts handle probate and fiduciary matters; see Delaware Code, Title 12 (Decedents’ Estates) at https://delcode.delaware.gov/title12/ and the Register of Wills information at https://courts.delaware.gov/register-of-wills/.

Who counts as an interested person?

An “interested person” typically includes heirs, beneficiaries named in a will, creditors (for certain purposes), and any party with a demonstrable financial interest in the estate. If you are a child or beneficiary of the decedent, you are very likely an interested person. Interested persons generally have rights to receive notice of probate steps and to inspect filings in the probate file.

Why lack of notice matters

Notice protects your right to be heard. If you did not receive required notice, distributions made by the personal representative could be set aside in whole or in part. Lack of notice can also be a basis to challenge the final accounting, request a reopening of the estate, or seek removal of the fiduciary for breach of duty if they distributed assets without proper authority.

Immediate practical steps to take (order matters)

Obtain the probate file and the final accounting. Go to the Register of Wills office for the county where the decedent lived or check the court’s online records. Request certified copies of the petition for probate/administration, letters testamentary or of administration, and the filed accounting. The Register of Wills site: https://courts.delaware.gov/register-of-wills/.
Confirm whether notice was required and given. Look for a proof of service, affidavit of mailing, or a published notice in the probate file. If the file contains no proof that you were served and you are an interested person, that supports a claim of defective or no notice.
Preserve assets where possible. If distributions are ongoing or completed very recently, file an emergency motion with the probate court (or an appropriate court) asking for a temporary restraining order or stay of distributions pending review. Courts can freeze distributions when there is a credible claim of lack of notice or impropriety.
File objections or exceptions to the final accounting. Many jurisdictions allow interested persons to file exceptions or objections to accountings. In Delaware, estate accounting and fiduciary duty questions are addressed through the probate process and, where appropriate, through the Court of Chancery for fiduciary breaches. See Title 12 (Decedents’ Estates): https://delcode.delaware.gov/title12/. Your objection should explain you did not receive notice and identify specific accounting entries you dispute.
Request the estate be reopened or the accounting set aside. If the court agrees that you were denied necessary notice, it can set aside distributions, order an accounting redo, or reopen the estate to allow proper notice, additional accounting, or re-distribution of assets.
Consider claims for breach of fiduciary duty. If the personal representative distributed assets in violation of their duties (e.g., distributed before paying creditors or without court approval when approval was required), you can petition for surcharge (monetary recovery), removal of the fiduciary, and an order for a corrected accounting. The Delaware Court of Chancery often handles complex fiduciary disputes.
Preserve evidence and communications. Save any emails, letters, or other communications with the personal representative. Document when you first learned of the accounting and distribution.

Timing and deadlines

Time limits vary. Some objections must be filed within a short statutory window; in other cases, courts will consider equitable relief (like reopening an estate) if you were denied notice and thus lacked an opportunity to object. Because deadlines can be short and equitable relief depends on timely action, consult an attorney promptly.

What the court can order

Set aside or partially unwind improper distributions.
Order a new or amended accounting with full disclosure of transactions.
Surcharge or require restitution from the fiduciary for losses caused by wrongful distributions.
Remove or replace the personal representative for misconduct or breach of duty.
Order notice be given to all interested persons and provide an opportunity to be heard.

Where to file and which court to contact

Probate administration and initial accountings are handled through the Register of Wills offices and the probate process. Complex fiduciary disputes or claims for removal/surcharge may proceed in the Delaware Court of Chancery. Useful starting points:

Delaware Code, Title 12 (Decedents’ Estates): https://delcode.delaware.gov/title12/
Delaware Register of Wills (probate filing and procedures): https://courts.delaware.gov/register-of-wills/
Delaware Court of Chancery (fiduciary matters): https://courts.delaware.gov/chancery/

Example hypothetical (illustrative)

Suppose your sibling submitted a final accounting and distributed most assets two weeks after obtaining letters of administration. You never received written notice, and the probate file contains only a publication notice with no proof of personal service. You should immediately request certified copies of the probate file, consult a Delaware probate attorney, and ask the court to freeze remaining assets and to reopen the account. If the court finds you were an interested person and did not receive required notice, it may set aside the distribution and order a corrected accounting and proper notice to all heirs.

Helpful Hints

Act quickly — courts are more likely to provide relief if you move promptly after learning of the accounting or distribution.
Get the probate file — most questions can be answered from the filed pleadings, accountings, and proofs of notice.
Document when and how you learned of the distribution; that timeline matters for equitable relief.
Ask the Register of Wills about local procedures for objecting to an accounting and for filing a petition to reopen an estate.
Consider emergency relief (stay or freeze) if assets are being dissipated or transferred out of state.
Keep communications professional and in writing so you have a record to present to the court.
Even if the probate file shows some form of notice, you may still have remedies if notice was defective or did not reach you — discuss specifics with counsel.

Next steps

Contact a Delaware probate or fiduciary attorney promptly to review the probate file and explain available remedies based on the exact facts. If you cannot afford counsel, ask the Register of Wills for guidance on filing to inspect records and any local self-help resources; some legal aid organizations may assist in limited circumstances.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. It is not a substitute for consulting a licensed attorney who can evaluate the specific facts, deadlines, and legal options in your case.