Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a Delaware attorney for guidance specific to your situation.
Detailed Answer
Venue rules determine where to open or transfer a decedent’s probate case in Delaware. Proper venue ensures the court has authority to administer the estate. Delaware law covers both initial filings (“opening”) and moving cases between counties (“change of venue”).
1. Opening an Estate (Initial Probate)
Under 12 Del. C. § 3911, you must file in the Superior Court of the county where:
- The decedent resided at the time of death; or
- If the decedent was not a Delaware resident, any county where the decedent owned real or tangible personal property.
See 12 Del. C. § 3911 for full text.
2. Ancillary Probate (Out-of-State Decedents)
Nonresidents with Delaware assets need ancillary probate. Under 12 Del. C. § 3961, file in the county where:
- The property is located; or
- Primary probate is pending, if already opened elsewhere.
Refer to 12 Del. C. § 3961.
3. Transferring a Probate Case (Change of Venue)
If initial venue is improper or inconvenient, a party may request a change of venue under 12 Del. C. § 3913. The court weighs:
- Convenience of parties and witnesses;
- Location of estate assets;
- Any prejudice if the case stays in the current county.
See 12 Del. C. § 3913 for procedures.
Helpful Hints
- Confirm the decedent’s last Delaware residence and property locations before filing.
- For estates with assets in multiple counties, pick the county with the most significant assets or where the personal representative lives.
- Contact the clerk’s office in New Castle, Kent, or Sussex County for local filing requirements.
- File any venue objections early to avoid delays in estate administration.
- Maintain clear records of county-specific filings to ease future transfers.