Disclaimer: This article provides general information about Delaware estate law. It does not constitute legal advice, nor does it create an attorney–client relationship.
Detailed Answer
In Delaware, a surviving spouse may claim a year’s allowance—a statutory right to receive certain assets for support during the first year after the decedent’s death. Under 12 Del. C. § 1912, the spouse must make a written election within nine months of the date of death. This election must be filed with the Register of Wills in the county where the decedent resided.
Crucially, the election requires an itemized list of all personal property assets that the spouse intends to include in the year’s allowance. You should:
- Identify each personal property item (e.g., furniture, heirlooms, vehicles, bank account funds).
- Assign a fair market value to each item.
- Ensure the total does not exceed the statutory cap for personal property (as set by statute).
By listing assets, you confirm which items the estate must set aside for your support. If you fail to list an item, the personal representative is not obligated to reserve it, and you may lose the right to claim it under the year’s allowance. After filing, the personal representative will deliver the listed assets to you, subject to any valid liens or encumbrances on the estate (12 Del. C. § 1912).
Helpful Hints
- Deadline: File your election and list within nine months of the decedent’s death.
- Register of Wills: Submit the election form and list to the Register of Wills in the decedent’s county of residence.
- Statutory Cap: Verify current personal property limits under 12 Del. C. § 1912 before preparing your list.
- Valuation: Use reliable sources (appraisals, retail values, bank statements) to support the fair market value of each item.
- Documentation: Keep copies of the filed election and asset list for your records.
- Professional Advice: Consider consulting a Delaware-licensed attorney or financial advisor if you have questions about valuation or strategy.