Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
When someone dies in Delaware, their personal representative (executor or administrator) must notify creditors and handle claims against the estate. Delaware law lays out precise steps and deadlines in Title 12, Chapter 3, Subchapter V (12 Del. C. § 1505–1506).
- Secure the Death Certificate. Order multiple certified copies from the Division of Public Health. You’ll need these to prove the death when notifying creditors and closing accounts.
- Open the Estate. File a petition for probate (if there’s a will) or for letters of administration (if no will) with the Register of Wills in the county where the decedent lived. Upon approval, you’ll receive letters authorizing you to act on behalf of the estate.
- Identify and List Known Creditors. Review the decedent’s records—bank statements, bills, and mail. Create a list of all potentially interested parties (credit card issuers, medical providers, utility companies).
- Mail Direct Notice. Within one month of qualification, send written notice by certified mail to each known creditor. Under 12 Del. C. § 1505, they then have three months from the date of mailing to submit a claim.
- Publish a Notice to Unknown Creditors. Place a notice in a newspaper of general circulation in the decedent’s county. Publication must run once a week for three consecutive weeks per 12 Del. C. § 1506. Unknown creditors then have six months from the first publication date to present claims.
- Receive and Review Claims. Track deadlines carefully. When a creditor submits a claim, verify it against estate assets and obligations. Accept legitimate claims, and dispute any that lack documentation or are invalid.
- Resolve Disputed Claims. If you contest a claim, file an objection in the Register of Wills’ office. Delaware courts will schedule a hearing to settle the dispute.
- Pay Valid Claims. After the claim period closes, pay approved debts from estate assets according to Delaware’s priority rules (administration expenses, funeral costs, taxes, then unsecured creditors).
- Report to the Court. File an accounting or final report with the Register of Wills when all claims are resolved and payments are made. Seek court approval to distribute any remaining assets to beneficiaries.
Helpful Hints
- Keep organized records of every notice sent and claim received.
- Use certified mail with return receipt to prove notice compliance.
- Track publication dates—missing one run can delay the process.
- Consult 12 Del. C. § 1505–1506 for exact deadlines and procedures (Delaware Code).
- If the estate lacks funds to pay claims, discuss possible estate insolvency with an attorney.
- Maintain open communication with beneficiaries about the claims process to avoid surprises.