Detailed answer: How to apply to be appointed as a personal representative in Delaware
If a close relative has died and you want to serve as the estate’s personal representative (sometimes called an executor if there is a will, or an administrator if there is no will), Delaware law gives a clear process. Below is a plain-language, step-by-step explanation of how appointment typically works in Delaware and what you will need to do.
Step 1 — Determine whether probate is needed
Not every estate requires full probate. Very small estates or assets titled jointly or with a beneficiary designation (life insurance, retirement accounts) may pass outside probate. Contact the Register of Wills in the county where the decedent lived to confirm whether a probate administration is required.
Delaware courts explain probate and the Register of Wills process here: Delaware Courts — Register of Wills. The state code that governs estates and probate is Title 12 of the Delaware Code: 12 Del. C. (Estates and Trusts).
Step 2 — Identify whether there is a valid will
If the decedent left a valid will, the will usually names a person to serve as personal representative (often called the executor). The person named in a valid will has primary right to appointment, subject to court review. If there is no will, or the named person is unable or unwilling to serve, Delaware law provides a priority list for who may be appointed.
Step 3 — Prepare the probate filing package
To begin the appointment process you (or an attorney) will file papers with the appropriate Register of Wills. Typical items required include:
- Original will, if one exists (filed for probate).
- Death certificate (official copy).
- Petition or application for probate/appointment asking the court to admit the will to probate or to appoint an administrator.
- Names and addresses of heirs and beneficiaries (to allow the court to notify interested persons).
- An affidavit or forms required by the county Register of Wills (counties may have specific local forms).
- Oath and acceptance signed by the proposed personal representative.
- A bond may be required in some cases if the will does not waive bond or if the court believes a bond is needed for protection of creditors/beneficiaries.
- Filing fee (varies by county and estate).
The Register of Wills office in the county where the decedent lived can tell you the exact local forms and fees. Locate their pages here: Delaware Courts — Register of Wills.
Step 4 — File the petition and provide notice
After you file, the Register of Wills will review the submission. The court or Register may require formal notice to heirs, beneficiaries and creditors. If the will is offered for probate, the Register will verify its validity and notify interested persons. If you are seeking appointment in an intestate (no-will) case, the court checks applicants against the statutory priority of relatives and interested parties.
Delaware’s probate rules and procedures are found in Title 12 of the Delaware Code and the local Register of Wills rules: 12 Del. C. (Estates and Trusts).
Step 5 — Court action: issuance of Letters
If the Register approves the appointment, the court issues formal documentation (commonly called Letters Testamentary or Letters of Administration) that authorizes you to act for the estate. These letters allow banks, insurers, and other institutions to recognize your authority to collect assets, pay debts, and distribute property under the estate’s plan.
Step 6 — Duties once appointed
Once you receive Letters you will have responsibilities, including:
- Collecting and protecting estate assets.
- Providing notice to creditors and handling claims.
- Paying valid debts, taxes, and expenses of administration.
- Filing required inventories, accountings, or tax returns.
- Distributing remaining assets to heirs or beneficiaries under the will or Delaware intestacy rules.
Delaware law sets out duties for fiduciaries; review Title 12 for statutory duties and powers: 12 Del. C. (Estates and Trusts).
What if multiple people want to be appointed or the appointment is contested?
If someone objects to your appointment (for example, a different family member claims priority or alleges incapacity or misconduct), the Register or court will hold a hearing. In contested matters, it is common to consult or hire an attorney who handles probate litigation. The court will apply statutory priority rules and consider whether the proposed personal representative is competent and suitable to serve.
When to get a lawyer
Many personal representatives handle straightforward administrations without a lawyer, but consider legal help if the estate is large, there are complex assets (business interests, out-of-state property), creditor disputes, tax concerns, or contested appointments.
For general procedural help, start at the Delaware Courts Register of Wills page: https://courts.delaware.gov/register-of-wills/. For statutory provisions governing estate administration see Title 12: https://delcode.delaware.gov/title12/.
Estimated timeline
Timelines vary. Filing and initial appointment may take days to several weeks depending on the county office’s workload and whether there are objections. Full administration (collecting assets, resolving debts, distributing property) often takes months and sometimes a year or more for complex estates.
Common documents you will be asked for
- Official death certificate.
- Original will (if any).
- List of assets and approximate values.
- List of heirs and beneficiaries with contact information.
- Proof of your identity (government ID).
- Bond documents (if a bond is required).
Helpful Hints
- Contact the county Register of Wills early to get exact local forms, fee amounts, and filing requirements: Delaware Courts — Register of Wills.
- If you are named as executor in a will, bring the original will. The Register will need it to admit the will to probate.
- Keep careful records and receipts from day one — you will need them for accounting to heirs and for tax purposes.
- Ask about small-estate procedures if most assets are modest; those procedures can avoid full probate.
- If the estate holds out-of-state property, you may need ancillary probate in the other state.
- Be aware that serving as personal representative creates fiduciary duties. Act fairly toward all heirs and beneficiaries.
- Seek legal advice if someone contests the appointment or if there are allegations of undue influence, incapacity, or fraud.
- Consider whether the will waives bond; if it does not, a bond can usually be obtained through an insurance/bonding company.
- File required notices to creditors promptly and keep track of any claims deadlines.
Disclaimer: This article is educational only and does not constitute legal advice. I am not a lawyer. For advice tailored to your situation, contact the Register of Wills in the county where the decedent lived or consult a Delaware attorney admitted to practice in estate and probate matters.