Detailed Answer
Managing an estate with assets across multiple counties or jurisdictions involves a two-step process: primary probate in Delaware and ancillary probate elsewhere. Delaware uses a unified probate system under the Court of Chancery, so you file one main administration proceeding for all in-state assets. For out-of-state real property or tangible assets, you must open ancillary probate in the jurisdiction where those assets are located.
1. Primary Probate in Delaware
After the decedent’s death, file a petition in the Delaware Court of Chancery to appoint a personal representative. This proceeding covers all assets located in Delaware, regardless of county. You will submit the original will (if any), the death certificate, and an inventory of in-state assets. See 12 Del. C. § 3901 et seq. for full requirements.
2. Handling Out-of-State Real Property
For real estate or tangible assets outside Delaware, open an ancillary probate in the state where those assets sit. To do this, obtain certified copies of your Delaware letters testamentary or administration and file them with the local probate court in the other jurisdiction. Each state sets its own forms, fees, and notice requirements, so check that state’s probate code for guidance.
3. Working across Multiple Delaware Counties
Delaware’s Court of Chancery serves the entire state rather than individual counties. You do not need separate proceedings for different counties. One probate action in Wilmington or Dover will cover all personal property, bank accounts, and real estate within Delaware.
4. Coordination and Timelines
Begin primary probate promptly to gain authority over Delaware assets and to secure the certified letters necessary for ancillary filings. Ancillary proceedings timeline varies by state—some courts may grant probate within weeks, others may take several months. Plan filings and notifications early to reduce delays.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances.
Helpful Hints
- Prepare a detailed asset inventory, noting exact locations and jurisdictions.
- Obtain multiple certified copies of Delaware probate letters for ancillary filings.
- Research probate rules and fee schedules in each state holding assets.
- Engage local counsel in other states if significant assets require complex administration.
- Keep beneficiaries informed of each jurisdiction’s process and expected timelines.