Detailed Answer

This article explains the typical steps to be appointed as an estate administrator or co-administrator under Delaware law, what the court looks for, and what you must do after appointment. This is a general guide only and is not legal advice. For case-specific guidance, consult a licensed Delaware attorney.

When an administrator is needed

An administrator (or co-administrators) is appointed when a person dies without a valid will naming an executor, or when the named executor cannot or will not serve, or when the will fails to nominate anyone. Delaware handles probate and administration under Title 12 of the Delaware Code. See Delaware Code, Title 12: Decedents’ Estates and Fiduciary Relations: https://delcode.delaware.gov/title12/.

Who can be appointed (priority and qualifications)

The court gives priority to certain relatives or interested parties when appointing a personal representative. Typical priority order used by courts across many states (and applied in Delaware practice) is:

• Surviving spouse;
• Adult children;
• Parents;
• Siblings;
• More remote next of kin;
• An interested creditor or other qualified person if no family member is available.

If two or more persons have equal right (for example, two adult children), the court may appoint them as co-administrators. The court will also consider whether a proposed administrator is an adult, mentally competent, and not disqualified by law (for example, in some situations certain felony convictions or conflict-of-interest issues can bar appointment). The Delaware Code governs these requirements; consult Title 12 at: https://delcode.delaware.gov/title12/.

Step-by-step procedure to seek appointment

1. Confirm need and your priority. Determine whether a will names an executor and whether that person is available. If no executor exists or the executor won’t act, determine your priority relative to other interested persons.
2. Gather documents. Typical documents include the decedent’s death certificate, any will, a list of heirs and their contact information, a summary of assets and liabilities you know of, and identification for the person seeking appointment.
3. File a petition for letters of administration. File a Petition for Administration (sometimes called petition for letters of administration) in the appropriate Delaware probate office. In Delaware, probate administration is governed by Title 12; local filing occurs at the Register of Wills or the appropriate county court office. Check the Delaware Courts site for local filing locations and forms: https://courts.delaware.gov/.
4. Pay the filing fee and submit required forms. Fees and forms vary by county. The petition typically asks who the heirs are, estimated estate value, and requests issuance of Letters of Administration. You may be required to sign an oath.
5. Provide notice to interested persons and creditors. Delaware procedure requires notifying heirs and interested persons. The court may also require publication or mailed notice to creditors to allow claims against the estate. Follow the court’s instructions and statutory notice requirements under Title 12.
6. Post bond if required. The court commonly requires a fiduciary bond (a surety bond) unless heirs agree to waive it or the will provides a waiver. The bond protects the estate from mismanagement. The court sets the bond amount, usually tied to estate value and potential risk.
7. Attend any hearing. The court may schedule a short hearing to confirm appointment. If the court approves, it issues Letters of Administration (official proof of your authority to act for the estate).
8. Obtain certified copies of Letters of Administration. You will need certified copies to access bank accounts, sell property, or change title to assets.

Co-administrators and how they work

The court may name more than one co-administrator when multiple persons share equal priority or when heirs request joint administration. Co-administrators act together in managing estate business unless the court orders otherwise. The court can limit co-administrators’ powers or require a designated lead administrator. If co-administrators disagree, the court can resolve disputes or appoint a single administrator.

Primary duties after appointment

• Collect and secure estate assets.
• Inventory and file an inventory with the court if required.
• Open a fiduciary bank account and deposit funds; keep detailed records.
• Give notice to creditors and pay valid claims from estate funds in the order required by law.
• File any required tax returns (estate tax, final individual returns) and arrange payment of taxes.
• Distribute remaining assets to heirs according to Delaware law or the will (if a will exists later found to be valid).
• File final accounting with the court and seek discharge when administration is complete.

Common reasons a petition can be delayed or denied

• Lack of proper notice to heirs or creditors.
• Insufficient documentation or incorrect petition forms.
• Disputes among equally situated heirs about who should serve.
• Concerns about the proposed administrator’s qualifications (age, competence, conflicts, or statutory disqualifications).
• Failure to post a required bond.

Helpful links and resources

• Delaware Code, Title 12 — Decedents’ Estates and Fiduciary Relations: https://delcode.delaware.gov/title12/
• Delaware Courts (general information, local contacts, and forms): https://courts.delaware.gov/
• IRS — Apply for an Employer Identification Number (EIN) for the estate: https://www.irs.gov

Helpful Hints

• Start by locating the death certificate and any will. You cannot complete the petition without a certified death certificate.
• Talk with other interested heirs before filing. A signed waiver from other heirs can simplify the process and may reduce bond requirements.
• Make an initial inventory of bank accounts, real estate, life insurance, retirement accounts, and outstanding debts to estimate estate value.
• Keep meticulous records and separate estate funds from personal funds—this protects you and simplifies accounting.
• Obtain several certified copies of your Letters of Administration; banks and government agencies often require original certified copies.
• Consider hiring a probate attorney if the estate has complex assets, disputes, or potential creditor claims—legal help can reduce mistakes that cause delay or personal liability.
• Ask the court clerk or Register of Wills office about local forms, fees, and required notices before you file.

Final note and disclaimer

This explanation summarizes common Delaware procedures and considerations for appointment as an estate administrator or co-administrator. It is educational only and does not constitute legal advice. Laws and court procedures change. For advice about a specific situation, consult a licensed Delaware attorney or the appropriate court office.