Detailed Answer
When a person dies without a valid will or without naming an executor, Delaware law requires a court-appointed administrator to handle the estate. The court issues letters of administration to authorize that person to collect assets, pay debts, and distribute property under Delaware’s intestacy rules (12 Del. C. § 901 et seq.).
Under Title 12, Chapter 3 of the Delaware Code (12 Del. C. § 3901 et seq.), you must file these core documents with the Register of Wills in the decedent’s county:
- Certified Death Certificate: Obtain a certified copy from the Delaware Division of Public Health, Vital Records.
- Petition for Letters of Administration: Use the state-approved form available from the Delaware Courts website. Clearly state your relationship to the decedent and your residence.
- Oath of Personal Representative: Swear or affirm duties under 12 Del. C. § 3903. The oath confirms you will perform responsibilities faithfully and impartially.
- Administrative Bond: Post a bond to protect estate creditors unless waived under 12 Del. C. § 3912. The Register of Wills sets bond amounts based on estate value.
- Inventory of Estate Assets: Prepare a detailed list of real and personal property with current appraised values. File the inventory within the time frame set by court rule.
- List of Heirs and Next of Kin: Identify all interested parties, following the priority rules in 12 Del. C. § 3911. Include full names, addresses, and relationships.
- Filing Fee: Pay the fee established by the Register of Wills. Fees vary by county; check the Register’s fee schedule.
After you submit these items, the Register of Wills will review your petition. They may set a hearing date to resolve any objections. Once approved, the court issues your letters of administration. You can then marshal assets, notify creditors, and distribute property according to Delaware’s intestate succession statutes.
Helpful Hints
- Double-check that names and dates match exactly across all documents.
- Order certified death certificates early; lead times can vary.
- Contact the local Register of Wills for any county-specific filing procedures.
- Keep copies of every submitted form and receipt for your records.
- Promptly notify all heirs and potential creditors once you receive letters.
- Consider consulting a Delaware attorney if the estate holds real estate, business interests, or out-of-state assets.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed Delaware attorney.