Can I be appointed administrator of my dad’s estate in Delaware if he died without a will?

Short answer: Yes — if your father died intestate (without a will) you can ask the Register of Wills in the county where he lived to be appointed the administrator (also called a personal representative). The Register follows Delaware probate rules and the state’s intestacy laws to decide who has priority and whether to issue letters of administration.

Disclaimer: This is general information and not legal advice. Laws and procedures change. For help with a specific case, consider contacting a Delaware probate attorney or the county Register of Wills.

Detailed answer — step‑by‑step under Delaware law

The process below summarizes typical steps to get appointed and what the administrator must do after appointment. It follows Delaware’s probate structure (Title 12, Decedents’ Estates) and local Register of Wills practice. See Delaware Code, Title 12: https://delcode.delaware.gov/title12/.

1. Confirm intestacy and identify the correct county

   Make sure your father left no valid will. The probate filing occurs in the county where he was domiciled (lived) when he died. Delaware uses three Registers of Wills (New Castle, Kent, Sussex). Start at the Delaware Courts Register of Wills main page: https://courts.delaware.gov/register-of-wills/.

2. Determine priority to be appointed

   Delaware law gives priority for appointment to certain persons (surviving spouse, adult children, other next of kin). The Register of Wills follows statutory priority and practical considerations (who will administer promptly and responsibly). If several people request appointment, the Register decides based on priority and suitability. For how estates pass when someone dies without a will, see Delaware’s intestacy provisions: https://delcode.delaware.gov/title12/c003/index.html.

3. Gather required documents

   Typical documents you’ll need:

   • Certified copy of the death certificate (multiple copies are often useful).
   • Proof of the decedent’s residence and date of death (IDs, utility bills, etc.).
   • Basic information about heirs (names, addresses, relationships).
   • Known asset and creditor information (bank accounts, life insurance, real estate, loans).

4. File a petition for administration with the county Register of Wills

   Go to the Register of Wills in the appropriate county and file a petition (or application) to be appointed administrator. The Register’s office can supply the local forms, instructions, and fee schedule. County pages:

   • New Castle County: New Castle Register of Wills
   • Kent County: Kent Register of Wills
   • Sussex County: Sussex Register of Wills

5. Bond, notices, and issuance of Letters of Administration

   The Register may require a surety bond to protect the estate against mismanagement. In some cases (for example, when a surviving spouse petitions) the bond requirement can be reduced or waived. Once the Register approves the petition and any bond, the office issues Letters of Administration (proof you are the authorized personal representative).

6. Administer the estate

   As administrator you must:

   • Inventory estate assets and value them.
   • Open an estate bank account for estate funds.
   • Notify known creditors and publish required creditor notices if applicable.
   • Pay valid debts, taxes, and administration expenses.
   • Distribute remaining assets to heirs according to Delaware intestacy law (see Title 12 link above).
   • File final accounting and petitions for distribution with the Register or Court as required.

Common questions about appointment and priority

Who has first priority? Generally the surviving spouse has top priority to serve as administrator, followed by adult children, then other next of kin. If multiple people with equal priority petition, the Register or court decides who should serve.

What if someone contests my appointment? Another interested person can file an objection. The Register or the Court will resolve disputes about priority or suitability.

How long does administration take? It varies. Simple estates can close in months; complex estates or contested matters can take a year or more. Timely creditor notices, tax filings, and accurate accounting will speed the process.

Hypothetical example (illustrative)

John Doe, a Delaware resident, dies without a will. He is survived by his wife and two adult children. The wife files an application with the Register of Wills in the county where John lived, provides a certified death certificate, an asset list, and applies for appointment. The Register issues Letters of Administration (with a bond waived or reduced). The wife inventories assets, notifies creditors, pays debts, and distributes remaining property according to Delaware intestacy statutes.

Helpful Hints

• Contact the local Register of Wills early — they provide county-specific forms, fee schedules, and guidance.
• Get multiple certified death certificates from the funeral home or the vital records office — banks typically require them.
• Search thoroughly for a will before filing; a later-discovered valid will can change everything.
• Keep good records and receipts for every transaction as administrator — you will need them for accounting.
• If the estate holds real estate in another state, you may need ancillary probate where the property lies.
• Consider consultation with a Delaware probate attorney if assets are significant, there are disputes among heirs, or tax issues exist.
• Use the Delaware Code (Title 12) to review intestacy rules and administrator duties: https://delcode.delaware.gov/title12/.
• Find county Register of Wills information and local procedures: https://courts.delaware.gov/register-of-wills/.

If you want, tell me which Delaware county your father lived in and whether a surviving spouse or other close relatives exist, and I can outline the likely priority and the county contact to start your application.