Can you challenge an approved estate accounting in Delaware more than one year later?
Short answer
Yes — sometimes. Getting an approved estate accounting reopened more than a year after approval is possible in Delaware, but it is more difficult. Success usually depends on the reason you waited, whether you received proper notice, and whether you can show fraud, concealment, mistake, or a timely separate claim (for example, breach of fiduciary duty). Many remedies require filing in the Court of Chancery or with the Register of Wills and must be supported by evidence. If you are considering this, consult a Delaware probate or chancery attorney promptly.
How the process generally works in Delaware
Delaware uses several forums for estate matters. Routine administration and probate tasks are handled by the county Register of Wills, while contested fiduciary issues and complex accountings often go to the Court of Chancery. The basic steps you should expect are:
- Identify the legal basis to reopen the accounting. Typical bases include lack of proper notice, fraud or concealment by the personal representative, newly discovered evidence, clerical mistake, or an uncognizable fiduciary breach that was not adjudicated.
- Gather records. Collect the will, the approved accounting, inventories, bank statements, correspondence, notices you (or others) received, and any other financial records.
- Check whether you were given statutory notice. If you did not receive required notice of the accounting or settlement, the court may set aside the approval for lack of due process.
- Decide the correct filing and venue. Minor exceptions or re-openings might be handled at the Register of Wills or Orphans’ Court process; substantive fiduciary claims (fraud, breach of duty, surcharge) typically proceed in the Court of Chancery.
- File a petition or civil claim. Depending on facts, you (or an interested party) will either file exceptions to the accounting or a separate lawsuit seeking relief (e.g., surcharge, breach of fiduciary duty, reformation, or rescission).
- Seek preliminary relief if needed. If assets may be dissipated, ask the court for temporary injunctive relief or other protections while the dispute proceeds.
Start by reviewing the Delaware statutes on decedents’ estates and the Court of Chancery rules for equity claims. Helpful starting links: Delaware Code — Title 12 (Decedents’ Estates and Fiduciary Relations): https://delcode.delaware.gov/title12/, Court of Chancery: https://courts.delaware.gov/chancery/, Register of Wills information: https://courts.delaware.gov/register-of-wills/.
Common legal grounds to reopen or contest an accounting after one year
- Lack of proper notice: If you did not receive statutory notice of the accounting or settlement, courts may set aside prior approvals for lack of jurisdiction or due process.
- Fraud or concealment: Evidence that the personal representative intentionally hid assets or fabricated records can justify reopening the matter.
- Newly discovered evidence: Evidence not reasonably discoverable earlier that materially affects the accounting may permit relief.
- Clerical mistakes or accounting errors: Clear, demonstrable mathematical or clerical errors can sometimes be corrected after approval.
- Separate fiduciary claims: Claims for breach of fiduciary duty, conversion, or unjust enrichment may be brought even after an accounting was approved if the claims were not or could not reasonably have been litigated earlier.
Timing and statutes — what to watch for
Delaware does not have a single universal “one-year” lock that bars all post-approval challenges. Different causes of action have different time frames and equitable doctrines (like equitable tolling, fraud, or lack of notice) can extend or revive claims. Because rules and deadlines can be technical and fact-dependent, you should:
- Check whether the Register of Wills’ procedures or statutory notice provisions were followed (see Delaware Code Title 12: https://delcode.delaware.gov/title12/).
- Consider filing a claim in the Court of Chancery for fiduciary breaches or equitable relief (see Court of Chancery information: https://courts.delaware.gov/chancery/).
- Act quickly. Even if a strict deadline has passed, courts are more likely to grant relief when a claimant moves promptly after discovering the new facts or the fraud.
Practical steps you should take now
- Collect documents. Get a complete copy of the will, letters testamentary or of administration, the approved accounting, inventories, bank statements, cancelled checks, correspondence, and any notices you were sent or never received.
- Write a timeline. Note when you first learned of the will, when the accounting was filed and approved, and when you discovered the issue you now want to raise.
- Preserve evidence. Save electronic files, take photos of paper records, and secure originals if available.
- Contact the Register of Wills or clerk. Ask whether any further probate filings or pending steps relate to the estate that might affect your claim.
- Consult a Delaware attorney experienced in probate and chancery matters. A lawyer can evaluate whether you have a viable claim, the proper forum, and the quickest path to relief.
Possible outcomes
Depending on the facts and court, you might obtain one or more of the following:
- Reopening of the accounting and a new hearing.
- Monetary relief (surcharge against the personal representative) if misconduct or negligence is proven.
- Injunctive relief to preserve assets while the dispute is resolved.
- Dismissal if the court finds the challenge untimely or unsupported.
When to hire a lawyer
If you believe the approved accounting hides assets, contains serious errors, or involves misconduct, contact a Delaware probate or chancery attorney as soon as possible. A lawyer can:
- Identify the correct legal theory and venue (Register of Wills vs. Court of Chancery).
- Advise whether equitable doctrines (lack of notice, fraud, newly discovered evidence) could overcome timing issues.
- File emergency motions to preserve estate assets if needed.
- Manage discovery and present financial proof to the court.
Helpful Hints
- Act quickly once you learn of a problem. Even equitable claims depend on prompt action after discovery.
- Document how and when you received (or failed to receive) notices about the estate. Lack of notice is a powerful ground to reopen matters.
- Photograph and back up all source documents immediately. Originals matter in financial disputes.
- Get an independent accounting or forensic review if you suspect concealment or complex financial misconduct.
- Keep communications with the personal representative professional and in writing.
- Use the Delaware Code Title 12 pages and Court of Chancery resources as starting points: https://delcode.delaware.gov/title12/, https://courts.delaware.gov/chancery/.