What steps must an executor follow to sell real property to pay estate debts in Delaware (DE)?
How an executor (personal representative) sells real property to pay estate debts in Delaware Short answer: As the personal representative (executor) in Delaware you must identify estate assets and creditors, determine whether you can sell the real property under your statutory powers or must get court approval, obtain a valuation, clear or account for liens, […]
Read article →When Can an Executor Be Removed in Delaware (DE)?
Executor Removal in Delaware — FAQ Detailed answer: when and how an executor (personal representative) can be removed under Delaware law This FAQ explains the common legal grounds and the usual court process used in Delaware when someone asks a court to remove an executor (often called a personal representative). It assumes no prior legal […]
Read article →What Is "Probate in Common Form" in DE?
Detailed Answer — What "probate in common form" means under Delaware law "Probate in common form" is a shortcut procedure for proving and admitting a will to probate when no one is actively contesting the will’s validity. In plain terms, it lets a court accept a will and allow the executor named in the will […]
Read article →Is probate administration required when there is no will? (DE)
Detailed Answer — Do you need probate when there is no will under Delaware law? When someone dies without a will (intestate) in Delaware, probate administration is commonly required if the decedent owned assets solely in their name that must be transferred to heirs or used to pay debts. Probate is the court-supervised process that […]
Read article →How can I close an estate bank account and obtain the required closing statement in DE?
How to Close an Estate Bank Account and Obtain the Required Closing Statement under Delaware Law Short answer: As a personal representative (executor or administrator) in Delaware, you will need to gather the decedent’s documents, show the bank proper proof of your authority (usually letters testamentary or letters of administration, or a court-authorized small‑estate affidavit), […]
Read article →How to properly document and file receipts for payments to heirs or service providers in an estate (DE)
Detailed Answer Why careful documentation matters When you administer an estate in Delaware you act as a fiduciary. Good records protect you and the estate. They show that payments to heirs, creditors, and service providers were authorized, reasonable, and actually made. Clear receipts and supporting documents make final accounting easier, reduce disputes, and help with […]
Read article →What steps ensure third-party claims and payments are accurately recorded in probate filings in Delaware (DE)?
Detailed Answer — How to make sure third‑party claims and payments are accurately recorded in a Delaware probate filing This FAQ-style guide explains practical steps a personal representative (executor or administrator) should take to make sure third‑party claims and any payments made to or by the estate get recorded accurately in the probate record under […]
Read article →How Can Next of Kin Qualify to Be Appointed as Estate Administrator in DE?
Detailed Answer Short answer: In Delaware, a next of kin can qualify to be appointed as the estate administrator (personal representative) by showing they have the legal priority to be appointed, meet basic eligibility requirements (age, capacity), file a petition with the Register of Wills or appropriate court, post any required bond, and receive formal […]
Read article →Which statements and financial documents are required for annual and final probate accountings? (DE)
Detailed Answer Disclaimer: I am not a lawyer. This article is informational only and is not legal advice. Laws change and specific requirements vary by case. Consult a Delaware probate attorney or your local Register of Wills for binding guidance. What is an accounting in Delaware probate? An accounting is a formal statement of the […]
Read article →What steps can heirs take to resolve an elective share dispute through mediation in DE?
Detailed Answer An elective share dispute arises when a surviving spouse claims a statutory right to take a portion of a decedent’s estate instead of accepting what the will (or other estate plan) leaves them. In Delaware, elective-share rules sit within Title 12 of the Delaware Code; those statutes set the framework for who can […]
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