How to apply to serve as administrator of a decedent’s estate in Delaware

Quick answer: If your mother died without a will (intestate) in Delaware, you can apply to be appointed as administrator (sometimes called personal representative or administrator of the estate) by filing a petition in the appropriate county Register in Chancery. The Register will review the petition, notify heirs, and—after any bond or other requirements are satisfied—issue Letters of Administration that give you authority to collect assets, pay debts and taxes, and distribute the estate under Delaware intestacy law.

Detailed answer — step by step

1. Understand the role you are seeking

An administrator is the person the court appoints to handle a decedent’s estate when there is no valid will. The administrator’s duties include locating and securing assets, paying valid debts and taxes, filing required inventories and accountings with the court, and distributing the remaining property to heirs according to Delaware law.

2. Where to file

In Delaware, probate matters (admission of wills and administration of estates) are handled through the county-level Registers in Chancery. You should file your petition in the Register’s office for the county where your mother lived at the time of death. For general information on state probate law, see Delaware Code, Title 12: https://delcode.delaware.gov/title12/. For court and office locations, visit the Delaware Courts website: https://courts.delaware.gov.

3. Who has priority to be administrator?

Delaware law gives priority to certain persons when appointing an administrator. Typically the following order applies: the surviving spouse, adult children, parents, siblings, or other next-of-kin. If more than one person with equal priority applies, the court considers who is most qualified and willing to serve. If no suitable relative is available, the court may appoint a public administrator or another suitable person.

4. Documents you will likely need

Certified copy of the death certificate.
Petition or application for appointment of administrator (local Register’s form or court form).
A signed statement or list of the decedent’s known heirs and their contact information.
A proposed bond (if required) or written waivers from heirs asking to waive bond.
Identification for the petitioner and proof of relationship, if available.
Information about the decedent’s assets, debts and where they are located.

5. Bond requirements

The Register often requires an administrator to post a surety bond to protect estate creditors and heirs. In many cases, all heirs who are adults can sign a written waiver of bond, allowing the administrator to be appointed without posting bond. The Register will tell you whether a bond is required and the amount. Review Title 12 for general fiduciary and bond provisions: Del. Code, Title 12.

6. Notice and potential hearing

After you file the petition, the Register will usually notify interested parties (known heirs and creditors). The Register may set a brief hearing or administrative review. If someone objects to your appointment, the Register will schedule a hearing to resolve the dispute.

7. Issuance of Letters of Administration

When the Register approves your appointment (and bond or waivers are in place), the Register issues Letters of Administration. These documents allow you to access bank accounts, transfer property, and act on behalf of the estate. Keep certified copies of the Letters because banks and other institutions will require them.

8. Duties after appointment

Gather and protect estate assets.
Provide notice to creditors and pay valid debts and taxes.
Prepare and file inventories, accountings, and any required tax returns.
Distribute assets according to Delaware intestacy rules.
Close the estate by obtaining the Register’s approval of final accounting.

9. How assets pass when there is no will

When a person dies intestate, Delaware law (see Title 12) determines who inherits. Typical rules distribute property to a surviving spouse, children, parents or other relatives depending on who survives the decedent. The Register will rely on these statutory rules to approve distributions. See Delaware Code, Title 12 for the intestacy provisions: https://delcode.delaware.gov/title12/.

10. Timeframe and costs

The time to appointment varies with the county Register’s workload and whether there are disputes. Simple, uncontested appointments can take a few weeks. Expect court filing fees, possible bond premiums, and additional costs for certified copies, publication, or notice to creditors. Ask the Register’s office for a current fee schedule.

Helpful hints

Contact the Register in the county where your mother lived before you file. They can tell you the local forms, fee schedule and whether they require bond or specific notices.
Get multiple certified death certificates early; many institutions will require them.
Prepare a simple list of known assets (banks, real estate, vehicles, life insurance, retirement accounts) and debts before filing — this speeds up the process.
If the estate holds real property, check county land records for title details and mortgages.
If heirs agree, obtain written waivers of bond to avoid the cost of a surety bond.
Be cautious before distributing assets. Make sure known debts and taxes are paid or reserved for in the final accounting to avoid personal liability.
If someone objects to your appointment or the estate is large/complicated (real estate, business interests, or tax issues), consult a Delaware probate attorney early.
Use the Delaware Code (Title 12) and the Delaware Courts site for authoritative legal text and office locations: Delaware Code, Title 12 and courts.delaware.gov.

Next practical steps: 1) Obtain several certified death certificates. 2) Contact the Register in Chancery in the county where your mother lived and ask for the administrator appointment forms and fee schedule. 3) Prepare the petition, heir list, and any waivers of bond, and file them. 4) Attend any required appointment or hearing and, if appointed, obtain Letters of Administration.

Disclaimer: I am not a lawyer. This article provides general information about Delaware probate procedures and is not legal advice. Laws change and individual situations vary. For legal advice about your specific circumstances, consult a licensed Delaware attorney.