Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When you begin estate administration in Delaware, gathering key documents ensures a smooth probate process. Below is a checklist of the most common items you’ll need. Always obtain certified copies where noted.
- Death Certificate: Secure multiple certified copies from the Delaware Division of Vital Records. Courts, banks, and government agencies often require originals. Visit Delaware Vital Statistics for instructions.
- Last Will and Testament & Codicils: Locate the decedent’s original will and any amendments. If no will exists, you may proceed under intestacy rules (12 Del. C. Chapter 5).
- Letters Testamentary or Letters of Administration: After filing a petition in the Register of Wills, the court issues these letters to authorize the personal representative. See 12 Del. C. Chapter 3 for filing requirements.
- Personal Identification: A government-issued photo ID for the personal representative (e.g., driver’s license or passport).
- Marriage Certificate and Divorce Decrees: These documents confirm spousal rights or disinheritance under Delaware law (12 Del. C. § 502).
- Birth Certificates for Minor Beneficiaries: Required to establish guardianships or trusts for minors.
- Deeds and Real Estate Records: Copies of deeds, mortgage statements, property tax bills and appraisals for real property in the decedent’s name.
- Financial Account Statements: Bank, brokerage, retirement and investment account statements. Note account numbers and ownership details.
- Insurance Policies: Life insurance, annuities and liability policies. Include beneficiary designations.
- Stock Certificates and Business Documents: Shares, corporate bylaws, partnership agreements and membership interests in LLCs.
- Recent Tax Returns: Federal and Delaware state returns for the last three years. You may need to file an estate income tax return (30 Del. C. Chapter 21).
- Federal Employer Identification Number (EIN): Apply online via the IRS to open an estate bank account in the estate’s name.
Helpful Hints
- Order at least five certified death certificates—you’ll need extras.
- Keep originals and make certified or notarized copies as backups.
- Check county land records for unrecorded property interests.
- Compile a spreadsheet of all assets, liabilities and beneficiary contact details.
- Notify financial institutions early; some accounts have quick-claim deadlines.
- Consult the Delaware Register of Wills for filing fees and form templates.