Detailed Answer: Locating and Verifying Original Wills and Codicils in Delaware
Before opening probate, it is essential to locate and authenticate the decedent’s original will and any codicils. Delaware law provides specific procedures to help you find these documents and confirm their validity.
- Search the Register of Wills
Under Delaware law, the drafting attorney or executor may deposit the original will and any codicils with the Register of Wills in the county of the testator’s residence. See 12 Del. C. § 507. Contact the Register of Wills to request a search for deposited wills or codicils. - Contact the Decedent’s Attorney
Many attorneys retain original estate planning documents. Review engagement letters or retainer files to identify the firm that drafted the will or codicils. - Inspect Personal and Financial Records
Examine the decedent’s home files, safety deposit boxes, and digital storage for the original will or codicils. Banks require a certified copy of the death certificate and a court order to access a safe deposit box. - Verify Execution Formalities
Delaware requires that a will or codicil be in writing, signed by the testator, and attested by two credible witnesses. See 12 Del. C. § 501. Confirm that each document includes the testator’s signature, witness signatures, and (if used) a self-proving affidavit. - Petition for a Lost or Destroyed Document
If the original will or codicil cannot be found, you may petition the court to admit a copy under 12 Del. C. § 512. Provide clear and convincing evidence, such as witness testimony, drafts, or photocopies, to prove the document’s authenticity.
Helpful Hints
- Gather multiple certified death certificates for court filings.
- Ask the Register of Wills for an official estate document search.
- Check for a list of safe deposit box contents in the will or codicils.
- Interview witnesses promptly to preserve their recollections.
- Keep a detailed log of searches and communications.
Disclaimer: This article provides general information only and is not legal advice. Consult a licensed attorney to discuss your specific situation.