Detailed Answer
If you need to apply for appointment as a personal representative (executor or administrator) and to take the required oath in Delaware, you will generally file paperwork with the Register of Wills (or the appropriate probate court) and provide certain core documents. The exact forms and supporting papers vary with the county and whether the decedent left a will (testate) or did not (intestate), but the typical required documents are listed below.
Core documents commonly required
- Certified copy of the decedent’s death certificate. Most offices require an original certified death certificate or a certified copy for filing and to prove the person has died.
- Original will (if one exists). Submit the original signed will if you are admitting it to probate. If the will cannot be located, the court may require an affidavit describing efforts to find it.
- Petition or application for probate or appointment. This is the formal form asking the Register of Wills or probate court to appoint you as personal representative. It sets out the decedent’s name, date of death, beneficiaries, whether there is a will, and your relationship to the decedent.
- Oath of the personal representative (fiduciary oath). Delaware requires the fiduciary to take an oath to faithfully perform duties. The court or Register of Wills usually provides the exact oath form to sign under penalty of perjury.
- Acceptance of appointment. A signed acceptance form or affidavit stating you accept the duties and responsibilities.
- Bond or bond waiver. Many estates require a fiduciary bond to protect estate creditors and beneficiaries unless the will waives bond or the court dispenses with it. If bond is required, provide proof of surety or a petition to set bond amount.
- Renunciations, consents, and waivers (if applicable). If other nominated fiduciaries or heirs renounce appointment, or if beneficiaries consent to appointment or waive bond, include signed waivers/renunciations.
- List of heirs and beneficiaries / mailing addresses. Names and contact information for people entitled to notice (spouse, children, other beneficiaries) to allow the court to send required notices.
- Inventory / estimate of estate assets (when requested). Some counties request an initial inventory or a preliminary statement of the estate’s assets and approximate values.
- Proof of identity for the applicant. A government ID for the person seeking appointment may be required.
- Filing fee. Courts and Registers of Wills charge fees to open probate; confirm the current fee and acceptable payment methods with the local office.
How requirements differ by situation
Testate estate (there is a will): you must file the original will, a petition for probate, and typically the oath and acceptance. The court will admit the will and issue letters testamentary once appointment is complete.
Intestate estate (no will): you file a petition for appointment as administrator, provide the death certificate, list heirs, take the fiduciary oath, and post bond if required. The court issues letters of administration after appointment.
Small estates / simplified procedures: Delaware provides streamlined processes for some smaller estates (different thresholds and rules may apply). These procedures can require a simplified affidavit instead of full probate. Check with the Register of Wills or court for county-specific small estate rules.
Where to find Delaware law and forms
Delaware’s decedents’ estates are governed by Title 12 of the Delaware Code. For statutory guidance, see Title 12 of the Delaware Code: https://delcode.delaware.gov/title12/. For local filing procedures and forms, contact the Delaware Courts or your county Register of Wills through the Delaware Courts website: https://courts.delaware.gov.
Helpful Hints
- Call the Register of Wills in the county where the decedent lived before you go. Offices often provide checklists and the exact local forms you will need.
- Bring multiple certified copies of the death certificate—banks and agencies usually require certified copies for account transfers.
- If you have the original will, do not leave it with family members or store it in a place that could be misplaced; bring it to the Register of Wills for filing.
- Ask whether the will waives bond or whether beneficiaries can sign waivers to avoid purchasing a surety bond—this can save time and money.
- Prepare a simple asset list (bank accounts, real property, life insurance, retirement plans) with approximate values before filing; the court and other institutions will ask for that information.
- If relatives disagree about the will or appointment, consider contacting an attorney experienced in Delaware probate to avoid delays or formal contested proceedings.
- Keep copies of every document you file and note the date and method of filing. Use certified or return-receipt mail when required to provide proof of notice.
Example (hypothetical): Jane Doe died owning a bank account, a house, and a will naming her brother as executor. To get appointed, her brother would bring the certified death certificate, Jane’s original will, a completed petition to admit the will and appoint executor, his acceptance form, the fiduciary oath, proof of ID, and the filing fee to the Register of Wills. If the will waived bond, he would include that waiver instead of buying a bond.
Next steps: Contact the Register of Wills for the county where the decedent lived, ask for the probate application packet and exact fee amount, and confirm whether you must bring originals or certified copies.
Disclaimer: I am not a lawyer. This article provides general information about Delaware probate procedures and is not legal advice. For advice about a specific situation, consult a licensed attorney in Delaware or contact the Register of Wills for your county.