Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
When someone dies, banks typically freeze their accounts to protect the estate. To lawfully access and withdraw funds, an appointed personal representative—known as an executor if there is a will or an administrator if there is no will—must obtain legal authority from the Delaware Register of Wills. Under the Delaware Uniform Probate Code (12 Del. C. Ch. 53), you start by filing a petition for probate along with the original will (if any).
After the Court issues Letters Testamentary or Letters of Administration, present certified copies of those letters and a certified death certificate to the bank. Most institutions require:
- A certified copy of the Letters Testamentary or Letters of Administration
- A certified copy of the decedent’s death certificate
- Valid photo identification for the personal representative
These documents authorize you to access the account to pay funeral expenses, estate administration costs, outstanding debts, taxes, and to distribute the remaining funds to heirs or beneficiaries according to the will or Delaware law.
Delaware also provides a simplified small-estate procedure for estates worth $50,000 or less (excluding real property). Under 12 Del. C. Ch. 39, Subch. III, a close relative or beneficiary can collect funds by presenting a sworn small-estate affidavit and a death certificate to the bank—no formal probate is needed.
Accounts held jointly with rights of survivorship or those with Pay-on-Death (POD) designations pass directly to the surviving co-owner or named beneficiary. In these cases, the survivor typically presents a death certificate and photo ID to obtain the funds without probate.
Helpful Hints
- Obtain multiple certified copies of the death certificate early.
- Verify whether accounts are joint or have POD beneficiaries before probate.
- Contact the Delaware Register of Wills for probate forms, fee schedules, and filing instructions.
- Keep accurate records of all estate transactions and communications with beneficiaries.
- Consider consulting a probate attorney if the estate involves complex assets or disputes.