Overview

This FAQ explains how a person in Delaware can challenge a grandparent’s appointment as the administrator (also called personal representative or administrator) of a decedent’s estate. It summarizes common legal grounds to object, the practical steps to take, and what to expect in Delaware probate practice. This is educational information only and not legal advice. For questions about your situation, consult a Delaware attorney.

Quick answer

If you believe your grandparent should not have been appointed administrator in Delaware, you generally must act quickly to file a formal objection or contest in the probate process (usually through the Register of Wills or the appropriate probate court). Common grounds include lack of statutory priority, a named executor in a valid will, incapacity, conflict of interest, undue influence or fraud. You will need to gather evidence, file the proper pleading, and ask the court to deny letters of administration or remove the administrator. See Delaware probate resources: Delaware Code, Title 12 (Decedents’ Estates) and the Delaware Courts Register of Wills.

Who handles appointment and contests in Delaware?

Probate filings (wills, petitions for administration, and many initial appointment matters) are processed through the Register of Wills in the county where the decedent lived. More complex fiduciary disputes or removal proceedings can involve Delaware courts as well. See general statutory authority in Title 12 of the Delaware Code.

Common legal grounds to challenge an administrator appointment

Someone else has priority under statute. Delaware’s decedent estate law sets an order of priority for appointment. If a person with higher priority filed first or timely objects, you can challenge the appointment.
A valid will names a different executor. If a decedent left a valid will that names an executor, that person generally has the right to be appointed rather than an administrator.
Fraud or improper filings. If the appointment involved false statements, forged documents, or improper notice, you can ask the court to void the appointment.
Undue influence or lack of capacity. If the decedent lacked capacity or was unduly influenced when a will or designation was created, the appointment may be contestable.
Conflict of interest or disqualification. Statute or court rules can disqualify a proposed administrator for conflicts, criminal convictions, misconduct, or failure to give bond where required.
Failure to give required notice. If heirs or interested persons did not receive statutorily required notice, the appointment can be challenged.

Practical steps to challenge the appointment (recommended sequence)

Get the court papers and case file. Visit the county Register of Wills office where the petition was filed and obtain copies of the petition, affidavits, inventory, and any letters issued. Knowing exactly what was filed is essential.
Check for a will and statutory priority. Confirm whether a valid will exists and who the statute names as priority appointees. If the decedent left a will naming an executor, that person’s appointment typically supersedes appointment of an administrator.
Act quickly and file an objection or petition. File a formal written objection, caveat, or petition to deny/contest the appointment with the Register of Wills or the probate court. Many deadlines are short—don’t delay.
Gather evidence. Collect documents, witness statements, medical records (for capacity claims), proof of relationships, and any proof of fraud or undue influence.
Request interim relief if needed. If you fear the administrator will dissipate assets, ask the court for a temporary restraining order, an accounting, or an order limiting the administrator’s powers pending resolution.
Attend the hearing and present your case. Be prepared to explain the legal basis for the objection and present evidence at the scheduled contest hearing. The court will consider statutory rules, credible evidence, and equitable concerns when deciding.
Consider settlement or mediation. Many probate contests resolve by negotiation. Mediation may avoid protracted litigation and reduce costs.

What outcomes can you expect?

The court can deny issuance of letters of administration to the appointed grandparent and appoint a different personal representative.
The court can remove an administrator already appointed and replace them or appoint a neutral administrator.
The court can require an accounting, freeze certain assets, or impose duties and bonding requirements on the administrator.
The parties can settle and submit agreed orders to the court resolving appointment and distribution issues.

Evidence and proof

Probate courts will weigh documentary evidence (wills, filings, medical records), witness testimony (about the decedent’s capacity or undue influence), and procedural compliance (notice and filing requirements). Be organized: create a timeline, preserve original documents, and get sworn statements where possible.

Costs, timing, and risk

Contests can be time-consuming and expensive. Courts may award costs or attorneys’ fees in limited circumstances, but often each side bears its own fees. Because probate assets can be limited, balance the cost of litigation against the likely benefit. Acting quickly improves your options and may preserve assets.

How an attorney can help

A Delaware probate attorney can review filings, advise whether you have standing to object, draft and file the correct pleadings, collect evidence (including medical records), and represent you at hearings. If you cannot afford counsel, ask the Register of Wills about self-help resources and court forms.

Relevant Delaware resources and statutes

Delaware Code, Title 12 — Decedents’ Estates: https://delcode.delaware.gov/title12/
Delaware Courts — Register of Wills (probate filing locations and procedures): https://courts.delaware.gov/registerofwills/

Helpful hints

Act fast — probate deadlines and practical control of assets often move quickly.
Get certified copies of the filing and current letters of administration from the Register of Wills.
Look for a valid will first — a named executor usually controls appointment.
Document signs of undue influence or incapacity: dates, witnesses, and medical contact information matter.
Preserve valuables and bank records; ask the court for emergency relief if you fear asset loss.
Be realistic about costs versus the estate’s value; consider mediation early.
Consult a Delaware probate attorney to understand local practice and courtroom expectations.

Example (hypothetical)

Suppose your grandparent, who is 80 and living in Wilmington, filed a petition and received letters of administration shortly after their child (the decedent) died intestate. You later learn a valid will named someone else as executor. You would request copies of the petition from the Register of Wills, confirm the will’s validity, then file a formal objection asking the court to recognize the will and appoint the named executor. If the named executor cannot serve, you could argue statutory priority supports your appointment instead of the grandparent.

Final note and disclaimer

This article explains general Delaware probate concepts and steps people commonly use to challenge a proposed administrator. It does not give legal advice about your unique situation. Laws change and facts matter. For tailored guidance about challenging a grandparent’s appointment as estate administrator in Delaware, consult a licensed Delaware attorney.