Detailed Answer

In Delaware, people who need authority to collect assets, give notice to creditors, and—if necessary—sell real property often pursue appointment as a limited personal representative (LPR) under the state’s probate procedures. The exact paperwork and timing can vary by county, but the overall steps are similar:

1. Confirm whether a simplified or limited appointment is appropriate.

   Before doing anything, determine whether the estate qualifies for a small-estate or limited-administration route. Smaller estates or discrete tasks (for example, paying certain debts, closing bank accounts, selling a single parcel of real estate) may be handled through a limited appointment rather than full probate administration. Delaware’s Decedents’ Estates statutes and local Register of Wills offices explain which processes are available and when a limited appointment is appropriate. See Delaware Code, Title 12 (Decedents’ Estates): https://delcode.delaware.gov/title12/.

2. Locate the correct Register of Wills / probate office.

   File the application or petition in the county where the decedent lived at death. Each county has a Register of Wills or probate office that accepts petitions, issues letters, and posts local forms and procedures. Delaware Courts Register of Wills information: https://courts.delaware.gov/register/. If you are unsure which county applies, check the decedent’s last residence.

3. Assemble required documents and information.

   Common items required for a limited appointment include:

   • Certified copy of the decedent’s death certificate.
   • Petition or application form for appointment (county-specific form).
   • A proposed order or form of limited letters (often called Letters of Administration or Limited Letters).
   • A list of the estate’s known assets and their estimated values (including any real property description and deed information).
   • A list of known heirs and beneficiaries, with addresses if available.
   • Any written consents from heirs if they agree to the limited appointment (helps speed processing).

   Use the Register of Wills forms and filing instructions for your county. Delaware court forms and resources: https://courts.delaware.gov/forms/.

4. File the petition or application and pay filing fees.

   File the completed petition and supporting documents with the county Register of Wills. The clerk will provide guidance on fees, required copies, and scheduling. If all heirs consent and the request is straightforward, the Register may issue limited letters without a hearing; if not, a hearing may be scheduled.

5. Obtain Letters or Certificate of Appointment as a limited personal representative.

   If the Register of Wills or the court grants your petition, you will receive official written authority (often called limited letters or a certificate) that states the scope of your power. Read the document carefully: an LPR’s powers are specifically limited to the tasks stated in the appointment (for example, running notice to creditors, collecting specific assets, closing accounts, or selling identified property).

6. Run notice to creditors as required by Delaware law.

   Once appointed, the LPR is usually responsible for notifying potential creditors. Delaware law requires creditor notice procedures—the LPR typically must:

   • Mail written notice to known or reasonably ascertainable creditors.
   • Publish a notice to unknown creditors in a local newspaper when required by statute or the Register’s instructions.
   • Keep proof of mailing and publication for the court file.

   Follow the timeframes that apply under Delaware law and the specific instructions from the Register of Wills. See Delaware Code, Title 12: https://delcode.delaware.gov/title12/.

7. If you must sell real property, obtain the authority specifically allowing sale.

   Limited letters do not always include the power to sell real property. To sell land you will typically need one of the following:

   • Express authority in the limited appointment that authorizes sale of the identified property; or
   • A court order authorizing sale after a petition showing the need to sell (and appropriate notice to interested parties); or
   • The written consent of all interested parties (heirs/beneficiaries) that the Register will accept in lieu of a court sale, if the Register’s procedures allow.

   The sale process generally includes providing proper notice to heirs and any lienholders, complying with any statutory sale procedures, getting required appraisals or marketing, and recording documents with the county recorder upon sale. If a court order is required, the court will set any conditions and may require a confirmation hearing before funds can be distributed.

8. Collect assets, pay valid debts and taxes, and account for your actions.

   Within the scope of the LPR appointment, you must collect estate assets identified in the petition, pay allowed claims and final bills, and preserve remaining assets for distribution. Maintain clear records and bank accounts restricted to estate funds when required. The Register or court may require a final accounting or discharge before closing the limited appointment.

9. Close the limited administration when work is complete.

   After notice periods expire and authorized actions (collection, sale, payment) are complete, file whatever closure papers the Register or court requires—this may be an accounting, petition for discharge, or a return of limited letters. Keep copies of all records for heirs and potential future inquiries.

Important procedural resources: Delaware Code, Title 12 (Decedents’ Estates) is the primary statutory source for probate rules: https://delcode.delaware.gov/title12/. For county-specific filing procedures, forms, and local contacts, use the Delaware Courts Register of Wills page: https://courts.delaware.gov/register/.

When you probably need a lawyer: If the estate includes real property that must be marketed and sold, if there are creditor disputes, unknown heirs, mortgage or lien issues, or if you expect contested objections to your appointment or the sale, consult a probate attorney. Selling real property often raises title and lender issues that benefit from legal guidance.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Delaware attorney.

Helpful Hints

• Start at the county Register of Wills website to get the exact petition forms and filing checklist for your county: https://courts.delaware.gov/register/.
• Bring a certified death certificate and any estate documents (deeds, bank statements, title information) when you file—these speed up processing.
• Get written consents from all heirs when possible. Unanimous written consent often avoids hearings and simplifies sales of real property.
• Keep a dedicated file and bank account for estate transactions and keep receipts and copies of all notices mailed and published.
• If creditors are involved, carefully follow both mailed and published notice requirements; missing a step can expose you to personal liability or delay closing the estate.
• Before marketing property for sale, check for mortgages, tax liens, or other encumbrances and get title advice—some liens must be paid before or at closing.
• If a lender holds a mortgage, notify the lender early—some mortgages accelerate on death or have payoff conditions that affect sale timing.
• When in doubt about statutory timeframes or whether a limited appointment covers a sale, consult counsel. Lawyers can prepare petitions and orders to reduce the risk of post-sale challenges.