Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to discuss your specific situation.
As a beneficiary in Delaware, you have the right to prompt distribution once an estate administrator (also known as a personal representative) completes certain duties. Under Title 12 of the Delaware Code, the administrator must collect assets, pay valid debts and expenses, and distribute the remaining estate. If the administrator delays or refuses to pay your inheritance share, follow these steps to compel distribution:
1. Understand the Administrator’s Duties
The personal representative’s core duties are set out in Delaware law. Once debts, taxes, and expenses are paid or secured, the administrator may distribute assets. See 12 Del. C. § 1917 (12 Del. C. § 1917) for interim distributions and 12 Del. C. § 1932 (12 Del. C. § 1932) for final accounting and distribution.
2. Send a Written Request for Accounting and Payment
Begin by sending a formal, written request to the administrator asking for an accounting of estate assets, liabilities, and a proposed distribution plan. Keep detailed records of all correspondence.
3. File a Petition for Accounting with the Court of Chancery
If the administrator does not respond within a reasonable time (usually 30–60 days), you may petition the Delaware Court of Chancery to compel a formal accounting and distribution. Under 12 Del. C. § 1932, the court can review the administrator’s account, approve valid expenses, and order distribution of remaining assets.
4. Request Interim Distributions
When assets clearly exceed liabilities, you can ask the court for interim distributions. 12 Del. C. § 1917 authorizes the personal representative to distribute estate assets before final closing, provided creditors and expenses are adequately covered or secured.
5. Seek Removal or Surcharge for Breach of Duty
If the administrator willfully neglects duties, mismanages assets, or acts in bad faith, you can ask the court to remove the administrator or impose a surcharge. Delaware courts enforce fiduciary obligations to protect beneficiary interests.
6. Engage a Probate Attorney
Probate proceedings involve strict rules and deadlines. A probate attorney can file petitions correctly, represent you at hearings, and ensure the administrator complies with Delaware law.
Helpful Hints
- Keep copies of all written requests and responses from the administrator.
- Monitor statutory deadlines for creditor claims and account filings under 12 Del. C. §§ 1902–2103.
- Review filing fees and procedural requirements on the Delaware Courts website before submitting petitions.
- Consider mediation to resolve disputes efficiently and preserve family relationships.
- Attend all scheduled court hearings to protect your rights and prevent default rulings.