Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Detailed Answer
Under Delaware law, letters of administration authorize an individual to manage and distribute the estate of someone who died without a valid will. You must file your petition with the Register of Wills in the county where the decedent lived. Below is an overview of the statutory requirements and steps.
1. Statutory Basis
- Delaware Code Title 12 § 501 defines who may apply and the contents of the petition. See https://delcode.delaware.gov/title12/c005/sc01/index.html.
- Delaware Code Title 12 § 505 governs bond requirements for personal representatives. See https://delcode.delaware.gov/title12/c005/sc01/index.html#505.
2. Eligibility to Serve
The following persons have priority to receive letters:
- Surviving spouse.
- Next of kin by degree (children, parents, siblings).
- Other heirs or creditors if no family qualifies.
3. Required Forms and Documents
Delaware does not use statewide “AOC” probate forms. Instead, each county’s Register of Wills provides local probate forms. Common items include:
- Petition for Letters of Administration – Sets out decedent’s name, date of death, assets, heirs, and relationship of the petitioner.
- Oath of Personal Representative – Sworn statement to faithfully administer the estate.
- Surety Bond – Required under 12 Del. C. § 505 unless all heirs formally waive the bond requirement.
- Certified Death Certificate – Obtain from the Division of Vital Statistics.
- Notice to Creditors – Form for publication to alert creditors of the estate; publication typically runs once in a newspaper of general circulation.
- Letters of Administration – Issued by the Register of Wills upon approval of petition, oath, and bond.
4. Application Process
- Obtain the packet of probate forms from the Register of Wills in the decedent’s county. Most county websites list downloads or allow in-person pickup.
- Complete the petition, oath, and bond forms. If heirs waive bond, have each heir sign the waiver form and attach to the petition.
- Gather supporting documents: certified death certificate and any heirship affidavits.
- Submit the packet and pay the filing fee at the Register’s office. Fees vary by county (typically $50–$100).
- Arrange for publication of the notice to creditors as required by 12 Del. C. § 504.
- When the Register approves your petition, you will be sworn in and receive the letters of administration.
Helpful Hints
- Verify local form numbers and requirements on the county Register of Wills website before filing.
- Prepare a simple inventory of estate assets to attach to your petition if requested.
- Check bond amounts—some estates qualify for a lower bond or a waiver if heirs consent in writing.
- Publish the notice to creditors promptly to avoid personal liability for unpaid claims.
- Keep certified copies of all filed documents; beneficiaries and financial institutions often request proof of authority.
- Consult a probate attorney for complex estates or disputes among heirs.