Detailed Answer

If your late spouse may have an actionable Camp Lejeune claim, you typically must be the estate’s personal representative (executor or administrator) before you can bring or continue a civil claim on the decedent’s behalf. Below are the common Delaware steps to open the estate and obtain authority to pursue claims for the decedent.

1. Confirm where to open probate

Open probate in the Delaware county where the decedent was domiciled (their permanent legal residence) at the time of death. The Delaware Register of Wills and the Orphans’ Court in that county handle probate administration. See Delaware Courts — Register of Wills and Orphans’ Court for county contacts and forms: https://courts.delaware.gov/registerofwills/ and https://courts.delaware.gov/orphans/.

2. Gather key documents before filing

• Original will (if any).
• Certified copy of the death certificate.
• List of assets and approximate values (bank accounts, real estate, retirement accounts, insurance, etc.).
• Names and addresses of next-of-kin and heirs.
• Any contracts, deeds, account statements, and insurance policies.

3. Decide whether probate is required or a simplified procedure applies

Delaware offers simplified procedures for small estates or for transfers of certain assets outside formal probate (payable-on-death accounts, life insurance proceeds, retirement accounts with designated beneficiaries). Contact the county Register of Wills to learn whether a small-estate affidavit or other expedited process may apply: https://courts.delaware.gov/registerofwills/.

4. File the appropriate petition with the Register of Wills

If formal probate is necessary, file a petition for probate (of the will) or for administration (if there is no will). The Register of Wills will give you the forms, deadlines, and filing fees for your county. The Register/Orphans’ Court will schedule any required hearing and issue letters to the appointed personal representative (letters testamentary if there is a will; letters of administration if there is not).

5. Executor / Administrator appointment and bond

After the court reviews the petition, it will appoint the personal representative. The court may require a probate bond to guarantee performance unless the will waives the bond or the court otherwise waives it.

6. Obtain Letters Testamentary or Letters of Administration

These letters are the court’s official proof of authority to act for the estate. You will need certified copies to access accounts, notify agencies, and to file litigation on the estate’s behalf.

7. Notify creditors and publish required notices

Delaware probate rules require notice to known creditors and, in many cases, a publication in a local paper so unknown creditors can come forward. The Register of Wills or Orphans’ Court will tell you the timing, content, and publication requirements. Prompt compliance is important because claims may be barred if proper notice steps are not followed.

8. Inventory, marshal assets, and obtain an EIN

The personal representative prepares an inventory of estate assets, secures assets, pays reasonable estate expenses, and may need an Employer Identification Number (EIN) for the estate from the IRS to manage accounts and file tax returns.

9. Assess the Camp Lejeune claim and file suit if appropriate

Once you hold authority as personal representative, you can pursue the decedent’s Camp Lejeune claim. The Camp Lejeune Justice Act of 2022 provides a federal civil remedy for persons exposed to contaminated water at Marine Corps Base Camp Lejeune. A personal representative can typically file claims on behalf of the decedent’s estate and, depending on circumstances and law, survivors may be able to bring wrongful death claims as well. Because Camp Lejeune claims involve federal law and sometimes procedural time limits, you should:

• Consult a lawyer experienced with Camp Lejeune litigation to determine the proper claim form and venue.
• Confirm any filing deadlines, documentation needed to prove exposure and injury, and the form of damages recoverable by an estate versus survivors.
• Use your Letters of Administration/Testamentary to file suit or to authorize counsel to file suit on behalf of the estate.

For general federal health/toxic exposure information about Camp Lejeune, see the Agency for Toxic Substances and Disease Registry (ATSDR): https://www.atsdr.cdc.gov/sites/lejeune/ and for VA-related information: https://www.va.gov/health-care/health-needs-conditions/camp-lejeune-water-contamination/.

10. Close the estate after claims and administration

After you collect assets, resolve or settle claims (including the Camp Lejeune claim), pay valid debts, and distribute assets per the will or Delaware inheritance rules, file your final accounting and petition to close the estate with the Orphans’ Court or Register of Wills as required by local procedure.

Practical timeline and other considerations

• Time to appoint a personal representative: often a few weeks to a couple of months, depending on workload and whether objections or complications arise.
• Probate administration length: often several months to over a year, depending on complexity, assets, creditor claims, and litigation.
• Camp Lejeune claims: these can involve medical records, exposure proof, expert reports, and are often litigated in federal court; they can take months to years to resolve.
• Act promptly if you expect to pursue a Camp Lejeune claim. Some remedies impose deadlines or require early preservation of evidence.

For Delaware-specific procedural rules and forms, start with the county Register of Wills and Orphans’ Court pages: https://courts.delaware.gov/registerofwills/ and https://courts.delaware.gov/orphans/. You can also review the Delaware Code and court rules at the state code homepage: https://delcode.delaware.gov/.

Important: The steps above give a general Delaware roadmap. Some facts (e.g., whether the decedent owned property in another state, named a non-resident executor, or left complex assets) can change what you must do. Always confirm specific procedural requirements with the county Register of Wills and consider speaking with counsel before filing suit.

Helpful Hints

• Start at the county Register of Wills immediately. They provide the exact forms and fee schedules for opening probate in your county: https://courts.delaware.gov/registerofwills/.
• Gather certified death certificates early—most institutions require certified copies (not photocopies).
• If the estate is small, ask whether a small-estate affidavit or expedited transfer procedure applies.
• Keep a clear file of communications, filed forms, receipts, and court documents—these will matter if you later litigate a Camp Lejeune claim.
• Obtain legal counsel experienced with Camp Lejeune litigation as soon as you have authority to act—federal exposure claims often need medical and expert documentation.
• If you get insurance or settlement offers related to Camp Lejeune exposure, consult counsel before accepting; settlement can affect survivors’ rights and estate distributions.
• Check federal and VA resources for Camp Lejeune information and medical documentation to support a claim: https://www.atsdr.cdc.gov/sites/lejeune/ and https://www.va.gov/health-care/health-needs-conditions/camp-lejeune-water-contamination/.
• Ask the Register of Wills whether a probate bond is required; sometimes a will waives bond and the court accepts the waiver.
• Remember that as personal representative you have fiduciary duties to act in the estate’s best interest. Breach of these duties can lead to court liability.