How to Locate and Verify Potential Heirs with Limited Information in Delaware
Detailed Answer When an estate administrator in Delaware has only limited information about potential heirs, you must take a structured approach. Delaware law requires you to identify and verify heirs before you can distribute assets under intestacy rules. Under 12 Del. C. § 307, you must locate all next of kin or legally recognized heirs. […]
Read article →What Notice Requirements and Procedures Apply for Notifying Creditors, Including Medical Debt Collectors, in Delaware Probate?
Detailed Answer Disclaimer: This article is for general information and does not constitute legal advice. When someone dies in Delaware, the personal representative (executor) must notify creditors—including medical debt collectors—about the probate proceeding. Proper notice ensures that valid debts are submitted and paid before distributing the estate. 1. Identify Known and Unknown Creditors The personal […]
Read article →How Can a Potential Heir Be Appointed as Administrator When the Decedent Left No Will in DE?
Detailed Answer When a person dies without a valid will in Delaware, the estate is intestate. Someone must manage asset collection, pay debts and distribute property under state law. That person is called an administrator. Delaware law governs intestate administration in Title 12, Chapter 3, Subchapter III of the Delaware Code. 1. Filing a Petition […]
Read article →What documentation is needed to freeze or secure the decedent’s bank accounts when co-heirs refuse to cooperate? – DE
Disclaimer: This article does not constitute legal advice. For personalized legal counsel, consult a licensed Delaware attorney. Detailed Answer When a person dies in Delaware, all bank accounts become part of the probate estate. To freeze or secure these accounts—especially if co-heirs refuse to cooperate—you must obtain court-issued documents that appoint you as the estate’s […]
Read article →How Are Real Property and Personal Assets Identified, Inventoried, and Distributed Under Intestacy Law in Delaware?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation. Detailed Answer When a Delaware resident dies without a valid will, an administrator appointed by the Register of Wills must identify, inventory, and distribute the decedent’s real and personal property under Delaware’s […]
Read article →What Options Exist to Secure Missing Estate Documents from Uncooperative Institutions in Delaware?
Detailed Answer When a financial institution or other custodian refuses to release estate-related records, an executor or personal representative has several legal tools under Delaware law to compel production and protect estate assets. 1. Obtain Your Letters of Administration Under 12 Del. C. § 1901 (12 Del. C. Ch. 19), after filing a petition with […]
Read article →What Type of Deed Should Delaware Heirs Sign to Convey Their Interests in Out-of-State Property, and How Is It Recorded?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in the jurisdiction where the real estate lies for guidance specific to your situation. Detailed Answer When a Delaware resident decedent owns real estate in another state, their heirs must use the correct deed form and recording […]
Read article →How can a client verify that creditor notice requirements were satisfied in the original estate to rely on the two-year rule in Delaware?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Under Delaware law, a creditor must receive proper notice of an estate’s administration before filing a claim against the estate. If the personal representative follows statutory notice requirements and […]
Read article →Should a Delaware personal representative open an estate account to handle the money of the estate?
Disclaimer: This is not legal advice. This article is for educational purposes only. Detailed Answer Under Delaware law, a personal representative acts as a fiduciary and must safeguard the assets of the decedent’s estate. One of the best ways to comply with this duty is to open a dedicated estate bank account. This practice helps […]
Read article →What Steps Are Needed to Bring Real Property into the Estate to Pay Claims in Delaware?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer In Delaware, you must follow defined steps to bring real property into an estate so that its sale proceeds can satisfy creditor claims. You will open probate, inventory assets, secure court approval to sell the property, and apply those proceeds […]
Read article →