Short answer (overview)

When you open a decedent’s estate in Delaware, you must file the required papers with the Register of Wills and give notice to people who have legal or financial interests in the estate. That generally means: known beneficiaries named in a will, the decedent’s heirs-at-law, and (separately) creditors. Notices to heirs and beneficiaries are usually delivered directly (personal service or certified mail) and unknown potential claimants are notified by publishing a notice to creditors. The exact mechanics are governed by Delaware probate practice and the Register of Wills procedures; see the Delaware Code and the Register of Wills for details.

Detailed answer — step‑by‑step under Delaware law

1. File the initial probate documents

To begin probate you usually file the original will (if any), a death certificate, and a petition or application with the Register of Wills in the county where the decedent lived. The Register of Wills office provides forms and filing instructions. See the Delaware Courts Register of Wills page for county contacts and filing rules: https://courts.delaware.gov/register-wills/. For general statutory authority on decedents’ estates, see Delaware Code, Title 12: https://delcode.delaware.gov/title12/.

2. Who counts as an heir or interested party?

There are two common groups to identify: (a) beneficiaries named in the will (legatees or devisees) and (b) heirs-at-law (people who would inherit under Delaware intestacy rules if there were no valid will). If you are administering an estate, you must reasonably identify and locate any known heirs or beneficiaries so they can receive notice. If the decedent died without a will, the heirs-at-law are the primary parties.

3. Who must receive direct notice?

Delaware practice requires that known interested persons receive notice of key probate filings and proceedings. That typically includes:

• Persons named in the will (legatees/devisees).
• Known heirs-at-law (spouse, children, parents, siblings, etc., as applicable).
• The personal representative or executor nominee (if someone else files the petition, the nominee must be served).

Direct notice is most commonly provided by personal service or by certified mail with return receipt requested so there is proof of delivery. The Register of Wills will indicate what proof of service is required for filings and hearings.

4. What if you can’t find an heir?

If an heir or beneficiary cannot be located after reasonable effort, Delaware practice allows notice by publication for unknown or unlocatable parties. Publication is typically limited to specific probate notices (for example, notice to creditors or notice of administration) and must follow the Register’s rules for content, frequency, and newspapers. Keep records of your search efforts — courts expect reasonable diligence before allowing publication in place of personal service.

5. Notice to creditors is separate

Notices to heirs/beneficiaries and notices to creditors are separate obligations. To alert unknown creditors, an administrator or personal representative usually publishes a notice to creditors in a local newspaper and may also send direct written notices to known creditors. Creditors typically have a statutory period to file claims after publication. See Delaware Code, Title 12, for claim procedures and deadlines: https://delcode.delaware.gov/title12/.

6. Timing and proof of service

Delaware rules require that notices be given in time for recipients to assert their rights or objections. That means you should serve notices promptly after filing and keep documentation (certified mail receipts, signed acknowledgements, process server returns, or proof of publication). The Register of Wills will require proof of service before certain petitions are granted or hearings proceed.

7. Consequences of failing to notify

Failing to notify heirs or beneficiaries can create delays, lead to contested proceedings, and sometimes expose the personal representative to liability for distributions made without proper notice. If a person later appears and proves they were not given required notice, the court may reopen administration or order remedies.

8. Where to confirm the exact requirements

Procedural specifics (forms, margins, timing, exact language of notices, proof required) come from a combination of Delaware statutes and the Register of Wills’ local procedures. Start with these official resources:

• Register of Wills (Delaware Courts): https://courts.delaware.gov/register-wills/
• Delaware Code, Title 12 (Decedents’ Estates & related probate provisions): https://delcode.delaware.gov/title12/

Helpful hints

• Start by calling the Register of Wills in the county where the decedent lived. They can provide local forms and service rules: Delaware Register of Wills.
• Make a short heir-finding checklist: spouse, children, parents, siblings, grandchildren, then more distant relatives. Use the decedent’s documents (marriage certificate, tax returns, address book, social media) to locate contacts.
• Use certified mail (return receipt) or a process server for direct notices so you have proof of delivery.
• If an heir cannot be located after reasonable search, document your search efforts before asking the court for permission to publish notice.
• Publish notice to creditors per the Register’s instructions. That protects the estate from late claims and is distinct from heir/beneficiary notices.
• Keep meticulous records of all notices and filings. The court will expect proof before approving an administrator’s actions or distributions.
• When in doubt about whether someone qualifies as an heir, or about the correct method or timing of notice, consult an attorney experienced in Delaware probate to avoid costly mistakes.