Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer: Right to a Probate Accounting in Delaware
Under Delaware law, a personal representative must file and serve accountings on interested persons. 12 Del. C. § 3509 requires the personal representative to prepare periodic and final accountings. You qualify as an interested person if you hold an interest in the estate by will, intestacy, or creditor claim (12 Del. C. § 3501). To satisfy the statute, the personal representative must file the account with the Register of Wills and serve a copy on you by mail within 30 days of filing, unless the court orders otherwise. You may also request an informal accounting at any time.
If the representative refuses, you can petition the Court of Chancery or Register of Wills to compel filing and service of the account. The court can enforce compliance, award fees, or remove the personal representative for failure to perform fiduciary duties under 12 Del. C. § 3514. A court-ordered accounting ensures transparency and protects estate interests.
Helpful Hints for Probate Accountings in Delaware
- Identify if you are an interested person under 12 Del. C. § 3501.
- Request the accounting in writing and keep a copy of your request.
- Review the accounting for fees, expenses, and asset distributions.
- If you do not receive it within 30 days, file a petition to compel under 12 Del. C. § 3509.
- Consider consulting a Delaware probate attorney if disputes arise.