Detailed Answer

If you are an interested party—such as a surviving spouse, heir, creditor or potential beneficiary—and you need to open probate for a decedent’s estate in Delaware, you must follow a defined court-supervised process. Probate grants legal authority to administer the estate, pay debts, and distribute assets. Below is an overview of the key steps under Delaware law.

1. Determine the Proper Venue

File your probate petition in the Register of Wills office in the county where the decedent was domiciled at death (New Castle, Kent, or Sussex County). This establishes the court’s jurisdiction over the estate.

2. Identify the Type of Probate Proceeding

Testate administration: The decedent left a valid will. You petition for Letters Testamentary. See Delaware Code Title 12 § 3306 for wills and probate: 12 Del. C. § 3306.
Intestate administration: No valid will exists. You petition for Letters of Administration. Procedures follow Title 12 § 3307: 12 Del. C. § 3307.

3. Prepare and File the Petition

Your petition must include:

Decedent’s full name, date of death, and last known address.
Relationship to decedent and statement of interest.
Value and description of estate assets, if known.
Original will, if any, and certified copy of the death certificate.
Oath to faithfully administer the estate and proposed bond amount (see Title 12 § 3308: 12 Del. C. § 3308).

4. Notice to Creditors

After you file, the court will require notice to known creditors and publication of a creditors’ notice in a local newspaper. Creditors generally have two years from the personal representative’s appointment to file claims under Title 12 § 3911: 12 Del. C. § 3911.

5. Court Review and Issuance of Letters

If the Register of Wills approves your petition and the bond, they will issue Letters Testamentary or Letters of Administration. These letters grant authority to collect assets, pay debts and taxes, and distribute property to heirs or beneficiaries.

6. Administer the Estate

As personal representative, you must:

Inventory and safeguard assets.
File any required tax returns.
Pay valid debts and expenses.
Distribute remaining assets according to the will or Delaware’s intestacy rules (Title 12, Ch. 33).
File a final accounting and petition to close the estate.

Disclaimer: This article provides general information about Delaware probate law and does not constitute legal advice. Consult a qualified attorney to address your specific situation.

Helpful Hints

Check the Register of Wills website for county-specific forms and fees.
Gather the decedent’s important records: will, deeds, bank statements, and tax returns.
Secure the original will to avoid delays.
Confirm deadlines for creditor notices to protect the estate.
Consider bonding requirements—some beneficiaries may waive bond if permitted.
Maintain organized records of all filings, notices, and receipts.
Seek legal help early to avoid errors in forms or procedure.