Delaware: Using a Small Estate Affidavit for an Intestate Small Estate
Short answer No. A North Carolina small‑estate affidavit is not a valid shortcut in Delaware. If the decedent was domiciled in Delaware (or the asset is located in Delaware), you must follow Delaware law and the procedures used by Delaware banks, brokers, and courts. Delaware does have informal and simplified ways to collect small personal-property […]
Read article →Delaware: What Happens If Mediation Fails in a Partition or Probate Dispute?
Short answer If mediation does not produce a binding settlement in a Delaware partition or probate dispute, you generally still need to proceed to court. Mediation is usually voluntary and nonbinding unless the parties sign a written settlement or the court enters a consent order. If no settlement is reached, the parties can resume or […]
Read article →Opening Probate in Delaware When You Live Out of State: What a Sibling Should Know
Detailed Answer Short answer: If your sibling died domiciled in Delaware, you open probate in the Delaware Register of Wills office for the county where your sibling lived. You can serve as the personal representative (sometimes called executor or administrator) even if you live out of state, but you must follow Delaware procedures: submit required […]
Read article →Settling a Parent’s Estate in Delaware and Handling Out‑of‑State Property
Disclaimer: This is educational information only and not legal advice. Consult a licensed Delaware attorney for advice about your particular situation. Quick answer — steps to settle a Delaware decedent’s estate and handle property in another state If your parent was a Delaware resident (domiciled in Delaware) when they died, you will generally open probate […]
Read article →How to File and Record a Deed After a Spouse’s Death in Delaware
Steps to Transfer Real Estate After a Spouse Dies — Delaware Guide Disclaimer: This is general information only and is not legal advice. Consult a Delaware attorney or the probate/register of wills office for legal guidance specific to your situation. Detailed answer: how property ownership can pass and what you must do in Delaware After […]
Read article →Delaware: Can a Co-Heir Be Required to Reimburse an Appraisal Before an Estate Buyout?
Reimbursing a Co-Heir for an Appraisal Before an Estate Buyout: Delaware Guidance FAQ: Practical guidance on whether you can require a co-heir to reimburse you for a recent appraisal before finalizing an estate buyout under Delaware law. Disclaimer: This is general information, not legal advice. Consult a Delaware lawyer about your specific situation. Detailed Answer […]
Read article →Delaware: Do I Need a Transfer-on-Death Deed or Payable-on-Death Designation When My Will Leaves Everything to My Daughter?
Detailed Answer Short answer: Yes — often you still need a transfer-on-death (TOD) deed or payable-on-death (POD) designation if you want assets to pass automatically to your daughter without probate. In Delaware, a will controls only assets that pass through probate. Nonprobate devices (beneficiary designations, POD/TOD accounts, joint ownership, and some deeds) generally transfer outside […]
Read article →How to Transfer a Deceased Parent’s House to Siblings in Delaware
Detailed answer: How property passes and what you must do in Delaware when a parent dies without a will When a parent dies without a will (intestate) in Delaware, the house will pass according to Delaware's intestacy rules unless title already passes automatically (for example, because the deed names a surviving joint owner). Below is […]
Read article →Delaware: How to Take Over a Deceased Parent’s Mortgage — What to Know
How to take over a deceased parent’s mortgage in Delaware — clear steps and next moves Short answer: Whether you can take over your father’s mortgage in Delaware depends on (1) how title to the house is held, (2) whether you are already a borrower on the loan, (3) the lender’s rules (including any loan […]
Read article →Proving Parentage for Inheritance in Delaware: How to Establish You Are Your Father's Child
Proving Parentage for an Inheritance Under Delaware Law: Steps, Evidence, and What to Expect This FAQ-style guide explains how to establish that you are a decedent's child for inheritance purposes in Delaware when the decedent's name does not appear on your birth certificate. The guide uses plain language, practical steps, and links to Delaware resources […]
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