If a person dies without a valid will in Delaware, the court appoints a personal representative (often called an administrator) to collect assets, pay debts and distribute the estate under Delaware’s intestacy rules. This FAQ explains who the court usually prefers to appoint, how you can qualify as administrator, what steps to take, and what paperwork you will need.
Detailed answer: qualifying as administrator under Delaware law
Who chooses the administrator?
Delaware courts follow statutory priority for appointing a personal representative. The court normally gives preference to the decedent’s closest family members. If the preferred person does not petition or is unsuitable, the court will consider the next person in the priority list.
Typical priority order (how the court decides)
Although the exact wording appears in the Delaware statutes governing decedents’ estates and fiduciaries, the practical priority that courts use is:
- Surviving spouse
- Children (or their descendants)
- Parents
- Siblings
- More remote relatives or a creditor or other qualified person if no relatives are available
If you are a sibling, you qualify for appointment only if no higher-priority person (for example, a surviving spouse, child, or parent) petitions or is available and suitable.
Basic eligibility requirements
To qualify you generally must:
- Be an adult (18 or older).
- Be legally competent to act as a fiduciary.
- Not be disqualified under Delaware law (for example, by reason of certain criminal convictions or conflicts of interest that make you unsuitable).
- Be willing and able to post a bond if the court requires one (sometimes waived for close relatives).
How to apply (practical steps)
- Locate the Register in Chancery for the county where the decedent lived. Probate matters in Delaware proceed through the Register in Chancery and related court offices. See the Delaware Courts site for local contact and filing information: https://courts.delaware.gov/.
- Obtain a certified copy of the death certificate.
- Prepare and file a petition for appointment as personal representative (petition for grant of letters). The petition typically asks for basic facts about the decedent, a list of heirs, and an inventory/estimate of assets.
- Provide proof of your relationship to the decedent (birth certificates, family records, sworn statements, or other documentation showing you are a sibling).
- Notify known heirs and interested parties per court rules. The court will require notice so higher-priority heirs can object or petition themselves.
- Attend the appointment hearing (if the court schedules one). If no one objects and you meet statutory requirements, the court will issue letters of administration authorizing you to act.
- If required, post a fiduciary bond. The court decides whether to require a bond and its amount; close relatives sometimes receive a bond waiver or reduced bond under the statute.
What documents and information the court will expect
- Certified death certificate.
- Petition for appointment (signed and notarized as required).
- Identification and proof of relationship (birth certificate, family tree, affidavits).
- Names and addresses of heirs and creditors known to the petitioner.
- Estimate or inventory of the decedent’s assets (bank accounts, real estate, personal property, debts).
Common reasons a court may deny appointment
- A higher-priority person petitions and is available.
- You are legally disqualified or the court finds a conflict of interest (for example, if you have been accused of wrongdoing connected to the decedent).
- You cannot post a required bond and the court refuses to waive it.
Where to find the relevant Delaware statutes
Delaware’s rules for decedents’ estates, personal representatives, and intestate succession are in Title 12 of the Delaware Code. You can review the statutory text and follow up on specific sections here: https://delcode.delaware.gov/title12/.
If you need filing forms or local office details, start at the Delaware Courts website: https://courts.delaware.gov/.
Note: court procedures and forms vary by county. Contact the local Register in Chancery for county-specific requirements and filing fees.
Helpful hints
- Start by locating the decedent’s most recent residence. Jurisdiction for appointment usually follows the county of residence.
- Gather documentation early: death certificate, proof of relationship, account statements, and a list of known creditors and heirs will speed the process.
- Talk to likely higher-priority heirs first (spouse, adult children, parents). If they do not want to serve, ask them to sign consent or a waiver to present to the court.
- Be realistic about time and responsibilities. Administrators handle asset collection, creditor claims, taxes, distribution and accounting. If the estate is complex, consider consulting a probate attorney or accountant.
- Ask the court clerk whether a bond is required and whether you qualify for a bond waiver as a close relative.
- If family members disagree about who should serve, expect the court to hold a hearing and follow statutory priority and suitability standards.
- Use official court forms where available. Many delays result from incomplete petitions or incorrect notices to heirs.
Next steps
If you think you qualify and want to proceed, contact the Register in Chancery office in the county where the decedent lived and ask for the forms and filing checklist for a petition for letters of administration. If the estate has substantial assets, disputes, or tax issues, consider consulting an attorney experienced in Delaware probate to avoid costly mistakes.
Disclaimer: This article provides general information about Delaware probate practice and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, contact a licensed Delaware attorney.