Detailed Answer Under Delaware Law
Delaware law requires a valid will to be in writing, signed by the testator in the presence of at least two witnesses, and properly attested (12 Del. C. § 202). To verify whether the decedent left a will or other estate planning documents, follow these steps:
- Inspect Personal Records: Search the decedent’s home, office, safe deposit boxes, computer files, and mail for original or draft estate planning documents.
- Contact Advisors: Reach out to any attorneys, accountants, financial planners, or trust officers who worked with the decedent. Professionals often keep copies of wills, trusts, powers of attorney, or healthcare directives.
- Search with the Register of Wills: Delaware law directs original wills to be filed with the Register of Wills in the county of the decedent’s residence (12 Del. C. Ch. 19). You can submit a written inquiry or visit the county office to request a record search.
- Check Court Probate Records: If someone has already opened a probate case, the will may be on file with the Court of Chancery or Superior Court. Contact the relevant court clerk to search probate dockets.
- File a Disclosure Petition: If you reasonably believe a will exists but cannot locate it, you may petition the court under 12 Del. C. § 1302 to compel any custodian to produce the document.
- Proceed on Intestacy if Necessary: After a diligent search, if no valid will appears, you can apply for administration under Delaware’s intestacy rules (12 Del. C. § 1301).
Following these steps helps you uncover any valid estate planning instruments and ensures you respect the decedent’s final wishes.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed Delaware attorney for guidance tailored to your circumstances.
Helpful Hints
- Gather the decedent’s death certificate before requesting records.
- Check digital storage and email for scanned or electronic documents.
- Keep a log of every office or person you contact and the dates of communication.
- Review letters, bank statements, and brokerage accounts for referrals to estate planners.
- Act promptly to meet any probate filing deadlines in Delaware.