Detailed Answer — How to identify heirs and who owns the property

When a grandparent dies, two separate questions matter: (1) who legally inherits (the rightful heirs), and (2) who now owns any real property. In Delaware, the answer depends on whether your grandparent left a valid will, whether the property was held with another person, and what the recorded deed or other ownership documents say.

Step 1 — Check for a will or other estate planning documents

Look first for a will, trust, or beneficiary designations. A valid will controls who inherits property that must pass through probate. A trust, joint ownership with right of survivorship, or a named beneficiary (where allowed) can pass property outside probate.

Step 2 — Get a certified copy of the death certificate

The death certificate is typically required to probate a will, to change title, and to get information from banks or government agencies. You can order copies from the Delaware Division of Public Health.

Step 3 — Search probate (Register of Wills) records

If your grandparent’s estate went into probate or a will was filed, there will be a probate file. In Delaware, look for filings in the county where the decedent lived. The probate file will name the personal representative (executor or administrator) and list heirs and beneficiaries. If you do not know where to look, contact the Delaware Courts or the county Register of Wills office for the county of last residence.

Step 4 — Determine how the property is titled

Ownership of real estate depends on title language and recording documents:

• If the deed lists the grandparent alone and there is no survivorship provision, the property typically becomes part of the probate estate and transfers according to the will or, if none, by intestacy law.
• If the deed lists the grandparent and another person as joint tenants with right of survivorship, the surviving joint owner usually becomes sole owner automatically, outside probate.
• If the property is held as tenants in common, the decedent’s share is part of the estate and passes by will or intestacy.
• If the property was placed in a living trust, the trustee follows the trust document and title usually passes outside probate.

Step 5 — If there is no will: intestacy rules

If your grandparent died without a valid will, Delaware’s intestacy statutes determine who inherits. Those laws consider surviving spouse, children (including adopted children), parents, siblings, grandchildren and more. The rules and order of priority are set out in Delaware law (see Title 12, Chapter 3, Descent and Distribution).

Reference: Delaware Code, Title 12, Chapter 3 — Descent and Distribution: https://delcode.delaware.gov/title12/c003/index.html

Step 6 — Confirm recorded title at the county Recorder/Recorder of Deeds

Search the county land records where the property sits to find the deed, mortgages, liens, and any transfers. The Recorder of Deeds provides the official chain of title. The recorded deed will show how the property was titled and whether any transfers or survivorship language exist.

Step 7 — Open probate or file a deed transfer if needed

If the property is part of the probate estate, the named executor (or a court-appointed administrator if there is no will) must administer the estate, pay debts, and distribute assets to heirs. If title passes outside probate (survivorship, trust, beneficiary), you will follow the instrument’s transfer process and record a new deed if required.

Complications to watch for

• Disputed paternity, adoptions, or unclear family relationships can affect who counts as an heir.
• Debts, mortgages, or tax liens may need to be paid from the estate before property passes to heirs.
• Properties with multiple owners or unclear deed language can produce title disputes.

If you encounter disputes, unclear documents, or people claiming ownership, consider asking a qualified Delaware probate or real estate attorney for help. They can run a title search, interpret deeds and wills, and represent an heir’s rights in probate or court.

When to contact the court

Contact the Register of Wills or the probate court when:

• You find a will that hasn’t been filed for probate.
• No one is administering the estate and assets need to be collected or secured.
• There is a dispute about who inherits or who should be the personal representative.

Probate procedures and local office locations are handled at the county level in Delaware. If you need exact forms or filing steps, check the Delaware Courts website or the Register of Wills office for the county where your grandparent lived.

Helpful Hints

• Start by gathering documents: death certificate, deed, mortgage statements, tax bills, insurance policies, and any paperwork labeled “will,” “trust,” or “beneficiary.”
• Ask close family members if they know about a will, trust, or safe deposit box. Executors sometimes file the will with the Register of Wills but family members don’t know.
• Search the county land records where the property sits to find the recorded deed and chain of title.
• Check whether the title shows joint tenants with right of survivorship. If so, the surviving joint owner likely becomes sole owner automatically.
• If a will exists, read it carefully to identify the executor and named heirs. The executor is the person who files probate papers in court.
• If there is no will, review Delaware intestacy rules (Title 12, Chapter 3) to understand priority of heirs: spouse, children, parents, siblings, etc. See: Del. Code Title 12, Chapter 3.
• If you need certified documents or official copies, use county or state government offices rather than private services to avoid errors and extra fees.
• Consider a title company search if you plan to sell the property. A title company can locate liens, easements, and defects in the chain of title.
• When in doubt, consult a Delaware probate or real estate attorney. They can advise whether probate is necessary and help protect heirs’ rights.

Important disclaimer: I am not a lawyer. This article provides general information about Delaware probate and property ownership and is not legal advice. For advice tailored to your specific situation, consult a licensed Delaware attorney.