Detailed Answer

Overview — who controls appraisals in an estate?

Whether you can require a co-heir to reimburse you for an appraisal depends on who ordered the appraisal, why it was done, and what agreements or court orders govern the estate. Delaware probate and civil rules generally treat appraisal costs as either an administrative expense of the estate or a private expense shared or allocated among co-owners, depending on circumstances.

Key legal concepts under Delaware law

• Authority of personal representative or administrator: If a personal representative (executor or administrator) ordered the appraisal as part of estate administration, appraisal fees normally are paid from estate assets as an administration expense. See Delaware decedents’ estates law (Title 12) for general probate procedures: Del. Code Title 12 (Decedents’ Estates).
• Co-heir private transactions: If co-heirs privately negotiate a buyout (one heir buys an interest from another) and one heir alone orders and pays for an appraisal to set a buyout price, the paying heir typically seeks reimbursement by agreement or negotiation, or by offsetting the appraisal cost against the buyout price.
• Partition and court involvement: If heirs cannot agree, Delaware courts (including Superior Court for partition matters and Orphans’ Court for estate administration) can resolve disputes. Courts can allocate costs, order a sale, or order redistribution of expenses. See Delaware courts resources: Delaware Orphans’ Court and Delaware Superior Court. For legislative context on court procedure, see Del. Code Title 10 (Judicial Procedure).

When you can require reimbursement

You can reasonably seek reimbursement when any of the following apply:

• The appraisal was necessary for estate administration (inventory, probate tax, or to determine distributive shares) and was ordered by the personal representative. In that case the cost is normally an estate administration expense paid from estate assets.
• The appraisal was obtained by one heir but the report directly benefited all heirs in settling estate value or dividing assets. A court may order equitable allocation of the cost among heirs.
• The co-heirs agreed—either expressly or in writing—that the appraisal cost would be split, or that the paying heir would be reimbursed if they paid up front. Written agreements control.

When reimbursement is unlikely

Reimbursement is less likely when:

• The appraisal was a unilateral convenience (for example, one heir obtained multiple valuations purely to negotiate a private buyout) with no agreement to share costs.
• The appraisal was excessive or unnecessary to administration; a court may deny reimbursement of excessive fees.
• The personal representative already charged the expense to the estate and distributed funds accordingly.

Practical ways to secure reimbursement before finalizing a buyout

1. Check authority: Confirm whether the appraisal was ordered under estate authority (personal representative) or privately by an heir.
2. Document and communicate: Provide the appraisal invoice, a copy of the report, and a written reimbursement demand with a deadline. Offer proof the appraisal informed the buyout price.
3. Negotiate offsets: Propose reducing the buyout price by the pro rata share of the appraisal fee (for example, subtract half the appraisal fee if two co-heirs share equally).
4. Include terms in the buyout agreement: Add a clause specifying how appraisal costs are allocated, who pays closing costs, and which party bears unreimbursed costs.
5. If negotiations fail, use mediation or seek a protective court order: Petition the Orphans’ Court (or appropriate probate court) to allocate costs or request a determination before closing. Courts can fashion equitable relief when heirs cannot agree.

Hypothetical illustration

Facts: Two equal co-heirs own a house in an intestate estate. Heir A pays $1,200 for a professional appraisal and offers to buy Heir B’s share for 50% of the appraised value. Heir B refuses to pay the appraisal fee.

Outcome options:

• Heir A and Heir B can agree that Heir B pays $600 at closing (offset from sale price).
• If Heir A was the personal representative and ordered the appraisal for estate administration, the $1,200 likely comes from estate funds rather than from Heir B directly.
• If no agreement exists, Heir A can ask the probate court to allocate the cost equitably or file a petition in the proper court for relief; the court may apportion the appraisal cost among heirs if it finds the appraisal benefited all.

Steps to take now

1. Determine who ordered and paid for the appraisal and why.
2. Check any written wills, buyout offers, or estate administration documents for cost-allocation terms.
3. Send a clear written demand for reimbursement or a buyout offset, including the appraisal invoice and explanation of benefit.
4. If the co-heir refuses, consider mediation or a court petition in the Orphans’ Court or Superior Court asking the court to allocate the cost or approve the buyout terms.

Where to look in Delaware law and court resources:

• Delaware Decedents’ Estates (Title 12) — general probate rules and estate administration: https://delcode.delaware.gov/title12/index.html.
• Delaware Orphans’ Court (probate remedies, accountings, and petitions): https://courts.delaware.gov/orphans/.
• Delaware Superior Court — partition actions and other property disputes among co-owners: https://courts.delaware.gov/superior/. For legislative context on judicial procedure, see Del. Code Title 10.

Helpful Hints

• Get authority on paper: If you are the personal representative, document appraisals as estate expenses in the estate file and in accountings to heirs.
• Use a written buyout agreement: Always put buyout payment, cost allocation, and appraisal reimbursement terms in writing and have all heirs sign.
• Ask for an itemized invoice: Courts and co-heirs are likelier to accept a reasonable appraisal charge if you provide an itemized invoice and credentials for the appraiser.
• Consider a neutral appraisal: If one party questions an appraisal’s fairness, propose a neutral or court-ordered appraisal to avoid later disputes.
• Mediation often saves time and money: Before filing a court petition, attempt mediation to divide the appraisal cost and reach a buyout settlement.
• Keep settlement leverage in mind: You can often negotiate reimbursement by offering a small concession in the buyout price rather than pursuing costly litigation.
• Record agreements: If you agree on reimbursement, include the terms in the closing documents so title records and closing statements reflect the arrangement.