Detailed Answer

This article explains how appointment of a personal representative (executor) typically works in Delaware when the person named in a parent’s will refuses to serve, and what steps you can take to be appointed instead. This is an overview of common procedures; every case has unique facts and the Register of Wills or a probate attorney can explain how the rules apply to your situation.

Who handles appointment in Delaware?

Probate administration in Delaware is handled through the county Register of Wills and the Probate Court process. The Register of Wills accepts wills for probate and issues letters testamentary or letters of administration. For general information and county contacts, see the Delaware Courts Register of Wills page: https://courts.delaware.gov/register-of-wills/ . For Delaware statutes covering probate and administration, see Delaware Code, Title 12: https://delcode.delaware.gov/title12/ .

Basic rule when a named executor refuses

When a will names an executor but that person declines to act, the court will not force them to serve. The named person can formally renounce (disclaim) the appointment. After renunciation, the court moves to appoint the next person entitled to serve. Which person that will be depends on whether the will names an alternate executor and on Delaware’s priorities for appointment if no alternate is named.

Common outcomes

If the will names an alternate executor, the court typically appoints that alternate (if they are willing and qualified).
If the will does not name an alternate, the Register of Wills or the court will appoint a suitable person. That is often a beneficiary of the will, a close family member (such as another child), or someone who petitions the court and demonstrates they are qualified and willing to serve.

How you can get appointed

Follow these practical steps to seek appointment as personal representative in Delaware:

Ask the named executor to renounce in writing. A clear, signed renunciation speeds the process. If they will sign a renunciation, file it with the Register of Wills in the county where the decedent lived.
Locate and submit the original will and the death certificate. The Register of Wills needs the original will (or an affidavit explaining why it can’t be located) and a certified copy of the death certificate to open probate.
File a petition with the Register of Wills to probate the will and to issue letters. If the named executor has renounced, include that renunciation. If the named executor has not renounced but refuses to act, you may still petition the court to appoint you; the court will consider that refusal and any competing claims.
Provide proof that you are qualified to serve. Generally this means you are an adult, competent, and willing to accept fiduciary duties. The Register of Wills can tell you specific local requirements and whether a bond is required. If the will waives bond for the named executor, it may still waive bond for a successor or the court may require one.
Serve notice as required. Delaware probate rules require notice to heirs and beneficiaries. The Register of Wills or court staff will explain the notice steps and timelines in your county.
If there is no uncontested route, be prepared for a hearing. If someone contests your appointment or if facts are unclear, the court will schedule a hearing and decide who should serve.

What documents you’ll commonly need

Original will (or affidavit explaining loss)
Certified death certificate
Renunciation by the named executor (if available)
Petition for probate/appointment (forms and filing vary by county)
Identification and contact information for heirs and beneficiaries
Bond (if required) or proof the will waives bond

Where to file and who to contact

Start at the Register of Wills in the county where the parent lived. The statewide Register of Wills page lists county contacts and procedural information: https://courts.delaware.gov/register-of-wills/ . You can also review Delaware Court forms and general probate instructions at the Delaware Courts forms page: https://courts.delaware.gov/forms/ . If you expect disputes or complex estate assets, consult a probate attorney for detailed guidance.

Potential complications

If the named executor is unreachable, courts allow alternative procedures (notice by publication or an affidavit of diligent search).
If heirs disagree who should serve, the court will hold a hearing to resolve the dispute.
If the named executor has conflicts (bankruptcy, criminal disqualification, or incapacity), the court may refuse to appoint them even if they don’t formally renounce.
If the estate is large or has contested creditor claims, administration may involve more court oversight and legal work.

Practical timeline

Timing varies. If the named executor signs a renunciation and you are the clear successor, probate can proceed in a few weeks to a few months depending on court workload and notices. If there is a dispute, expect a longer process while the court schedules hearings and resolves issues.

Helpful Hints

Ask the named executor for a prompt written renunciation. That often avoids a contested appointment.
Contact your county Register of Wills early to get the exact local forms and filing checklist.
Gather the original will and certified death certificate before filing.
Be prepared to post a bond if required. Check whether the will waives bond for successors.
Keep records of communication with family members and with the named executor to show the court you acted in good faith.
If other heirs object or if estate assets are complicated, hire a probate attorney familiar with Delaware practice to represent you and file petitions properly.
If the named executor is incapacitated or legally disqualified, tell the Register of Wills—courts can appoint a different representative for the estate’s protection.
Use the Delaware Courts resources: Register of Wills – https://courts.delaware.gov/register-of-wills/ and Delaware Code, Title 12 – https://delcode.delaware.gov/title12/ for statutory background and links to forms.

Disclaimer: This is general information about Delaware probate procedures and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Delaware probate attorney or contact your county Register of Wills.