Disclaimer: This is educational information only and is not legal advice. If you need legal advice about a specific probate dispute, contact a licensed Delaware probate attorney or the Register of Wills in the county where the decedent lived.
Detailed Answer
If someone (for example, a sibling) has applied for letters of administration for a Delaware estate and you believe you have grounds to oppose that application, you can formally challenge the appointment through Delaware probate procedures. The general steps below explain how the process typically works in Delaware and what you should do to protect your rights.
1. Understand the basic framework
Delaware probate and decedents’ estates are governed by Title 12 of the Delaware Code; local probate administration is handled through the county Register of Wills and, for contested matters, the Orphans’ Court or other Delaware courts. See Delaware Code, Title 12: https://delcode.delaware.gov/title12/, and the Register of Wills information at the Delaware Courts website: https://courts.delaware.gov/register/.
2. Determine whether you have standing to object
People with standing typically include heirs, next-of-kin, beneficiaries, or creditors. If you are an intestate heir (someone who would inherit under Delaware’s intestacy rules) or named as a beneficiary in a will, you generally have the right to object to appointment of an administrator. If you are a creditor, your rights differ but you can still assert claims affecting administration.
3. Identify the legal grounds for your challenge
Common grounds to oppose or later remove an appointed administrator include:
- The proposed administrator lacks legal priority under Delaware law to serve (someone else has superior right).
- The proposed administrator is not qualified (e.g., nonresident rules, statutory disqualifications, or bankruptcy/conviction issues that state law treats as disqualifying).
- Conflict of interest, self-dealing, or an inability to act impartially in the estate’s best interests.
- Undue influence, fraud, or questions about the validity of a will (if a will exists).
- Incapacity, incompetence, or inability to post bond or otherwise perform fiduciary duties.
4. Act quickly — timing matters
If you want to stop issuance of letters, file your objection as soon as possible. Some actions must be taken before the Register issues letters; others can be brought after issuance as a petition to revoke or remove an administrator. Contact the Register of Wills for the county where the decedent resided to learn local practice and any short deadlines.
5. How to make a formal objection in Delaware
Procedures vary slightly by county, but the typical steps are:
- Contact the Register of Wills office in the county where the decedent lived for the local forms and instructions (see list of Registers of Wills: https://courts.delaware.gov/register/).
- File a written objection or a formal caveat/appearance. The filing should state your name, relationship to the decedent, the reasons for objecting, and the relief you seek (for example, denial of letters to the applicant or an order to set a hearing).
- Attach any supporting documents (e.g., death certificate, copies of the will if one exists, proof of heirship such as birth or marriage records, or documents showing incapacity, unduly influenced signatures, or conflicts of interest).
- Ask the Register to schedule a hearing. The Register will notify interested persons. In contested matters the Register or the Orphans’ Court (depending on county procedures) may hold a hearing; disputed factual or legal questions can be decided by the court.
6. If letters already issued — how to proceed
If the Register has already issued letters of administration, you can still challenge the administrator by filing a petition to revoke or to remove the administrator for cause. You may also file an account challenge, petition the court to surcharge the administrator for misconduct, or seek injunctive relief to stop specific actions (for example, sale of assets).
7. Evidence and proof
To succeed you will need credible evidence supporting your objections: affidavits from witnesses, documentary evidence (medical records showing incapacity, financial records showing conflicts, proof of priority of another heir), and any other relevant proof. Present clear, organized evidence and identify the specific legal grounds you assert.
8. Possible outcomes
The court or the Register may:
- Deny the objection and allow the letters to stand.
- Schedule a hearing and allow both sides to present evidence before ruling.
- Refuse to issue letters to the applicant and instead issue letters to a different qualified person.
- Remove an administrator and appoint a successor or order an accounting or other relief.
9. Consider alternatives: negotiation and mediation
Probate litigation can be costly and delay administration. You may be able to reach an agreement with the proposed administrator through direct negotiation or mediation to resolve disputes without a prolonged court contest.
10. When to hire a lawyer
Hire a Delaware probate attorney if the case involves complex questions of priority, allegations of undue influence or fraud, significant estate assets, or contested hearings in Orphans’ Court. An attorney can prepare filings, gather evidence, represent you at hearings, and advise about statutory deadlines or bonding requirements.
Helpful Hints
- Contact the county Register of Wills immediately to learn local filing rules, required forms, and whether temporary measures are available.
- Gather documents first: death certificate, will or statements about absence of a will, marriage certificate, birth certificates showing relationship, lists of assets, and any records that support claims of incapacity or misconduct.
- Be precise in your objection: state your relationship, the legal basis for the objection, and the remedy you seek.
- Keep communication civil and documented. Preserve copies of all filings and service receipts.
- Act quickly but thoughtfully — some relief depends on whether letters have been issued and on prompt objection or petitioning.
- Ask about bond requirements. In many cases an administrator must post a bond; failure to obtain or to maintain a bond can be a basis for challenge.
- If you cannot afford an attorney, ask the Register of Wills about pro se forms and limited-scope help clinics; some counties provide guidance for self-represented parties.
- Check Title 12 of the Delaware Code for the statutory framework governing decedents’ estates: https://delcode.delaware.gov/title12/.
If you want help locating a probate attorney or specific Register of Wills contact information for the relevant county, provide the county where the decedent lived or the city, and you can get county-specific contact links and next steps.