Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer: Title Transfer Under Delaware’s Intestate Succession Rules
When someone dies without a will (“intestate”) in Delaware, the Court of Chancery oversees the distribution of real property. Heirs must follow a specific process to transfer title to an inherited home.
1. Open an Estate Administration
A family member or interested party files a Petition for Administration in the Delaware Court of Chancery. The court issues Letters of Administration, appointing an administrator. (12 Del. C. § 301)
2. Identify and Notify Heirs
The administrator locates all potential heirs. Delaware law lists the order of inheritance in Chapter 3 of Title 12. If the decedent left a spouse and children, the estate passes partly to each. (see 12 Del. C. § 307)
3. Pay Debts and Expenses
The administrator inventories estate assets, pays valid debts and costs, and calculates the net estate value. Creditors receive notice and an opportunity to file claims.
4. Distribute the Property
After debts and expenses, the court approves a distribution plan. Heirs receive their intestate share. For real property, the administrator executes a deed transferring title to the new owners.
Example under 12 Del. C. § 307: If a decedent leaves a spouse and two children, the spouse first receives $30,000 from the net estate and all household personal property. The spouse and children then split the balance equally.
5. Record the Deed
The administrator records the deed with the county Recorder of Deeds. This action updates land records to reflect the new owners.
For full intestate succession rules, see 12 Del. C. Chapter 3.
Helpful Hints
- Obtain multiple certified death certificates early.
- Hire a probate attorney experienced in Delaware law.
- Locate all heirs to avoid delays.
- Keep detailed records of estate expenses.
- File required notices to creditors on time.
- Record the final deed promptly to protect ownership.