How do I apply for letters of administration and what forms are required under Delaware law?
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation. Detailed Answer Under Delaware law, letters of administration authorize an individual to manage and distribute the estate of someone who died without a valid will. You must file your petition with […]
Read article →How to Distribute Wrongful Death Proceeds to Rightful Heirs in Delaware
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Understanding Delaware Wrongful Death Statutes Under Delaware law, a wrongful death action allows certain survivors to recover for their loss when a person dies due to another’s negligence or wrongful act. The governing provisions appear in Title 10, Chapter 37 of […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Delaware
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation. Detailed Answer Under Delaware law, the State may recover Medicaid benefits paid on behalf of a deceased beneficiary from the person’s estate. 31 Del. C. §519 grants the Division of Medicaid & […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in Delaware
Detailed Answer Disclaimer: This article does not constitute legal advice. It provides general information on Delaware law and you should consult an attorney for advice on your specific situation. 1. Identify the Entity and Gather Basic Information First, determine the legal name of the corporation and its state of incorporation. Visit the Delaware Division of […]
Read article →How to Open Probate for a Decedent’s Estate in Delaware
Detailed Answer If you are an interested party—such as a surviving spouse, heir, creditor or potential beneficiary—and you need to open probate for a decedent’s estate in Delaware, you must follow a defined court-supervised process. Probate grants legal authority to administer the estate, pay debts, and distribute assets. Below is an overview of the key […]
Read article →What is the process for petitioning a court to remove a personal representative for mishandling estate assets in DE?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer 1. Understanding the Role of a Personal Representative In Delaware, a personal representative (sometimes called an executor or administrator) manages the deceased person’s estate. Duties include gathering assets, paying debts […]
Read article →What information and duties is a personal representative required to provide to heirs in Delaware?
Detailed Answer In Delaware, a personal representative holds a fiduciary role and must keep heirs fully informed throughout estate administration. Delaware’s probate statutes (Title 12, Chapter 33) set out specific notice, reporting, and record-keeping requirements. 1. Notice to Heirs Under 12 Del. C. § 3303, within 60 days of appointment the personal representative must send […]
Read article →What steps are required to file probate court documents and publish creditor notices in Delaware?
Disclaimer: This article does not constitute legal advice. It provides general information about Delaware probate procedures. Consult an attorney for guidance tailored to your situation. Detailed Answer Prepare and File the Probate PetitionDraft a Petition for Probate (or for Administration if there’s no will). Include the original death certificate, a list of heirs or devisees, […]
Read article →How to Determine If a Transferred Vehicle Must Be Treated as Estate Property After a Decedent’s Death in DE
Detailed Answer When a Delaware resident dies owning a vehicle, you must determine whether that vehicle remains an asset of the decedent’s estate or passes automatically to another party. Follow these steps under Delaware law: 1. Examine the certificate of title Start by reviewing the title issued by the Delaware Division of Motor Vehicles. If […]
Read article →How to Determine the Proper Venue for Opening or Transferring a Decedent’s Estate in Delaware
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a Delaware attorney for guidance specific to your situation. Detailed Answer Venue rules determine where to open or transfer a decedent’s probate case in Delaware. Proper venue ensures the court has authority to administer the estate. Delaware law covers both […]
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