Detailed Answer

Short answer: In Delaware, a next of kin can qualify to be appointed as the estate administrator (personal representative) by showing they have the legal priority to be appointed, meet basic eligibility requirements (age, capacity), file a petition with the Register of Wills or appropriate court, post any required bond, and receive formal letters of administration. The governing law for decedent estate administration is found in Delaware Code, Title 12 (Decedents’ Estates). See: 12 Del. C. (Decedents’ Estates).

Who has priority among next of kin?

Delaware follows a priority system when appointing an administrator if the decedent did not name an executor in a valid will. Common priority order used in practice (subject to the court’s discretion) is:

Surviving spouse (often first priority).
Children of the decedent (including adopted children).
Parents of the decedent.
Siblings of the decedent.
More remote next of kin (grandchildren, aunts/uncles, cousins) in statutory order.

The Register of Wills or the Court looks to Title 12 and established practice to determine priority and whether multiple persons with equal priority can agree on who will serve.

Basic eligibility requirements

To qualify, a next of kin must generally:

Be an adult (18 years or older).
Have legal capacity (not adjudicated incapacitated).
Not have been previously removed from fiduciary duties for cause.
Be willing and able to perform fiduciary duties required of an administrator (collect assets, pay debts and taxes, and distribute property).

Some practical restrictions can apply. For example, courts may deny appointment or require a bond if the proposed administrator has a felony conviction, a conflict of interest, serious creditor disputes, or has a history that suggests they cannot faithfully perform duties. Where a nonresident is proposed, the court may require a bond or local agent. The exact circumstances and whether a bond is required depend on the facts and the court’s discretion.

How to be appointed — step by step

Confirm there is no valid will naming an executor. If a will names an executor, the executor has priority unless they decline or are disqualified.
Identify your position in the priority list of next of kin. If multiple people have equal priority (e.g., two children), they should agree on one person to petition; otherwise the court may decide.
File a Petition for Letters of Administration with the appropriate Register of Wills or the probate court in the county where the decedent lived. The petition typically asks the court to appoint the petitioner as administrator and to issue Letters of Administration.
Provide required documents: death certificate, relatives’ contact information, and any known creditor information. The Register will guide you on county-specific forms and fees.
Give notice to interested persons as required by statute or local rules. Notice allows heirs and creditors to object to appointment.
If the court requires a bond, obtain and file a fiduciary bond. A bond protects the estate against mismanagement.
If the court approves, it issues Letters of Administration or a similar document. Those letters give the administrator authority to act for the estate (collect assets, deal with banks, pay debts, and distribute property).

Expect a short waiting period for notices and for the court to review any objections. If someone objects, the court will hold a hearing and decide whether to appoint the petitioner.

Duties and ongoing obligations after appointment

Once appointed, an administrator must:

Identify and secure estate assets.
Provide notice to creditors and pay allowable debts and taxes.
File inventories and accountings if required by the Register or court.
Distribute the estate according to the will or, if intestate, under Delaware’s intestacy rules in Title 12.
Act in the estate beneficiaries’ best interests and keep clear records.

Failing these duties can lead to removal, surcharge (financial liability), or other court sanctions.

When appointment is contested

An interested person (another heir, creditor, or someone named in a will) can object to appointment. Common grounds for objection include better priority, incapacity, conflicts of interest, or misconduct. The court will evaluate objections and may hold a hearing. If the objecting party proves a disqualifying issue, the court can deny appointment and select a different administrator.

Where to find Delaware statutes and local forms

Delaware’s statutes for decedents’ estates are in Title 12. For statute text and updates, see: https://delcode.delaware.gov/title12/. For county-specific procedures and Register of Wills contact information, check the Delaware Courts website or the Register of Wills in the county where the decedent resided.

Final practical tips

If you are a next of kin considering serving as administrator, prepare to:

Gather records: death certificate, asset lists, bank statements, titles, insurance policies, and list of likely creditors and heirs.
Talk to other next of kin early to avoid contested appointments.
Be ready to post a bond if required and to provide clear accounting to heirs.

Important Disclaimer

This article explains general principles of Delaware probate and how next of kin commonly qualify to be appointed as an estate administrator. It is educational only and does not constitute legal advice. For advice specific to your situation, contact a licensed Delaware attorney or the Register of Wills in the county where the decedent lived.

Helpful Hints

Contact the Register of Wills in the decedent’s county first — they usually provide the petition forms and filing checklist.
If multiple heirs want to serve, sign a written agreement naming one person to petition; courts favor uncontested nominations.
Be transparent with beneficiaries. Clear communication reduces disputes and delays.
Consider hiring an attorney when complicated assets, business ownership, contested claims, or tax issues exist.
Keep careful records of all transactions and communications once appointed — you will likely need to file them with the court or provide them to heirs.
If you suspect a conflict (e.g., large creditor claims, potential will contests, suspected fraud), seek legal advice promptly.