Detailed Answer — How to secure and inventory a decedent’s house before appointment as Administrator (Delaware)
This guide explains practical, legally sensible steps you can take in Delaware if you are worried that siblings or others might remove property from a home after a death, before the court has appointed someone as the decedent’s personal representative (often called the Administrator). This is educational information only and not legal advice.
Immediate priorities
- Document the scene now. Walk through each room and take time-stamped photos and video showing doors, windows, closets, safes, and obvious valuables. Photograph any people who are present and note the date/time. Save photos in multiple places (cloud and a USB drive).
- Create a room-by-room list. Jot down major items (furniture, electronics, jewelry, firearms, collections) and approximate values. Even rough notes help later.
- Call the police non-emergency line if someone is removing property. Theft from an estate can be a crime. You can request a report to document suspected removals. If someone is actively taking things, call 911.
- Do not unilaterally move or take items you do not yet control. Removing property can create a claim of conversion or wrongful taking. If you must move items to prevent damage (for example, to prevent water damage or to secure firearms), document why and how, and keep witnesses and receipts.
What you can safely do without court authority
- Secure the home’s exterior. If the home is unlocked and you can lock it without entering areas containing personal items, secure doors and windows. If someone objects, document what you did and why.
- Change exterior locks only if you own the property or have permission. If the decedent was the sole owner and you are the only person with keys, changing locks can prevent unauthorized entry. If others have legal ownership rights (joint deed, tenancy), changing locks may expose you to claims.
- Ask family members in writing to preserve property. Send a short, firm certified letter or email asking that no one remove, destroy, or hide estate belongings until a personal representative is appointed. Keep copies and delivery proof.
- Make an inventory and keep copies. A detailed, dated inventory with photos is invaluable when you later file for appointment and inventory with the Register of Wills or court.
- Contact the bank and safe deposit box issues carefully. Banks often freeze safe deposit boxes and accounts after learning of a death; they generally will not release contents without court authority or a properly probated will.
When to involve the probate court quickly
If you have evidence that people are removing or hiding significant assets, or if the property is at risk of damage, file for appointment as Administrator right away and ask the court for temporary protective relief. The probate court can:
- Issue letters of administration (granting authority to secure the estate).
- Order sequestration or a temporary injunction to stop others from removing or disposing of estate property.
- Require an immediate inventory and turnover of assets to the court or appointed representative.
In Delaware the statutes governing decedents’ estates are in Title 12 of the Delaware Code. For general statutory guidance see 12 Del. C. (Decedents’ Estates): https://delcode.delaware.gov/title12/ . The local Register of Wills or court clerk can explain filing procedures in your county; Delaware courts online: https://courts.delaware.gov/ .
How to ask the court for emergency protection
- File a petition for administration (petition for letters). When you file, explain facts that show urgency (people taking items, risk of damage, unauthorized sale). Ask the court for expedited processing if necessary.
- Ask for temporary injunctive relief or sequestration. A petition can request that the court temporarily bar others from removing items or order that certain assets be turned over and held pending final administration.
- Provide evidence. Attach the photos, inventory, witness statements, police reports, and any written requests you sent family members to preserve property.
- Be ready to post bond if ordered. Courts commonly require the personal representative to post a bond to protect the estate while acting.
Special situations to consider
- Jointly titled property or accounts. Property held as joint tenants with right of survivorship or accounts with named pay-on-death beneficiaries usually pass outside probate. Determine title status before assuming control.
- Personal property likely to be sold quickly. If artifacts, antiques, or vehicles are being marketed for sale, notify the court and consider asking police for help documenting transactions.
- Firearms and hazardous items. If the home contains firearms or hazardous materials, document and secure those items for safety. Contact local law enforcement or an attorney about safe handling and temporary custody.
Practical steps to prepare for appointment as Administrator
- Collect the death certificate, any will, and contact information for heirs and potential creditors.
- Create an organized asset list: bank accounts, real estate, vehicles, insurance, personal property, digital accounts, and safe deposit boxes.
- Keep originals safe and copies accessible to the court and to counsel you hire.
- Consider hiring a probate attorney quickly if siblings are actively removing items. An attorney can file the petition, request emergency court relief, and advise on bonding and inventories.
What to expect after you become Administrator
- The court will issue letters of administration that give you legal authority to collect, inventory, and protect estate assets.
- Delaware law requires personal representatives to provide inventories and accountings to the court and heirs. See Title 12: Decedents’ Estates for statutory duties: https://delcode.delaware.gov/title12/ .
- After appointment you can lawfully take custody of the property, sell assets if necessary, and distribute according to the will or intestacy rules.
Helpful Hints
- Act quickly to document — photos and police reports create an objective record.
- Preserve chain-of-custody for items you must move: write why you moved them, who saw you, and where you placed them.
- Keep every receipt for expenses connected to securing the property; the estate can reimburse reasonable expenses after appointment.
- Communicate in writing with siblings and keep copies. Polite but firm requests to preserve property help later in court.
- Don’t destroy evidence—even if you think an item is worthless, keep it documented and let the estate process determine value.
- If possible, get a few neutral witnesses to sign the inventory or photos.
- Talk to the Register of Wills or county probate clerk for local filing rules and fees. Delaware statutes and forms are available at the Delaware Code portal: https://delcode.delaware.gov/title12/ and the Delaware Courts website: https://courts.delaware.gov/ .
Disclaimer: This article is educational and informational only and does not create an attorney-client relationship. It is not legal advice. Rules and procedures change, and facts differ. For tailored legal advice about securing an estate or filing to become Administrator in Delaware, consult a licensed Delaware attorney or the appropriate probate court.