Delaware: Can a Prenuptial Agreement Affect a Life Estate or My Inheritance, and What to Do If the Executor Refuses? | Delaware Probate

FAQ — Prenuptial agreements, life estates, inheritance shares, and executor access under Delaware law

Detailed answer

Short answer: Yes — a valid prenuptial agreement can change the property and inheritance outcomes you expect under Delaware law. Whether it changes a specific life estate or your eventual share depends on what the prenup specifically says, how and when the life estate was created, and whether the prenup was enforceable when signed. If the personal representative (executor) refuses to provide a copy of the prenup or information about the estate, beneficiaries have several options in Delaware to request documents or compel an accounting.

How prenuptial agreements work in Delaware

Delaware enforces premarital (prenuptial) agreements under the state’s version of the Uniform Premarital Agreement Act. The statute governs when premarital agreements are enforceable and what defenses may invalidate them (for example, lack of voluntariness or inadequate disclosure). You can read the statute text at the Delaware Code: Title 13, Chapter 15 (Uniform Premarital Agreement Act):
https://delcode.delaware.gov/title13/c015/index.html.

Key legal principles that apply in Delaware:

If a prenup expressly waives a spouse’s rights to receive certain property or to assert an elective share after death, courts will generally enforce that waiver if the agreement is valid.
A valid prenuptial agreement can limit a spouse’s rights to property that otherwise might have become part of the surviving spouse’s estate.
Parties can use a prenup to affect future testamentary dispositions (for example, the spouse may agree not to accept a statutory elective share or to limit claims against the other’s estate), but the document’s specific language controls.

How a prenup can affect a life estate or your share

Whether a prenup impacts a life estate or your share depends on how the life estate was created and who owns the underlying property:

If your mother created a life estate by deed or by will leaving her spouse a lifetime interest in property and then later signed a valid prenup that, for example, waived the spouse’s rights to certain inheritances or to an elective share, that waiver may be effective to prevent the spouse from claiming additional rights beyond the life estate — but it generally will not undo an already-recorded deed or a validly executed testamentary gift unless the prenup specifically addresses that transaction and is enforceable under Delaware law.
If the prenup was signed before transfer of property and it reserved or altered the parties’ rights in that property, a court will look at the prenup’s terms and whether the agreement was valid when signed (full disclosure, no coercion, etc.). If the spouse waived inheritance rights, your remainder or residuary interest could be preserved.
If your mother created the life estate by will and that will is otherwise valid, a prenup that waived the spouse’s rights may limit the spouse’s ability to challenge or displace the remainder beneficiaries — provided courts find the waiver enforceable.
If the spouse acquired a present ownership interest (fee simple or similar) rather than just a life estate, the prenup may not retroactively take away title the spouse already owns unless the agreement addressed that transfer and is validly enforceable.

In short: a properly executed and enforceable prenuptial agreement can alter or eliminate certain spousal claims against an estate in Delaware, which may indirectly affect what remainder beneficiaries (such as children) receive. The precise result depends on the documents (prenup, deed, will), timing, and whether the prenup meets Delaware’s legal requirements.

Executor (personal representative) duties and your right to information

Delaware law requires personal representatives to administer the estate according to law and to provide beneficiaries with certain information. Estate administration and probate procedures in Delaware are governed by state probate law; for the general statutory framework see the Delaware Code Title 12 (Decedents’ Estates and related provisions):
https://delcode.delaware.gov/title12/index.html.

Practical points about document access:

When an estate is opened, certain probate filings (the will, petition to probate, and later inventories or accountings) generally become part of the public probate record or are available to interested parties. The local Register of Wills can provide information about what has been filed. Delaware Register of Wills information is available here:
https://courts.delaware.gov/register-of-wills/.
A named beneficiary (or someone who would inherit if there were no other claims) has standing to request information and to demand that the personal representative perform required duties, including filing inventories and accountings and providing copies of those documents.
If the personal representative is withholding a copy of a prenuptial agreement or other relevant documents, beneficiaries may request those documents in writing and, if refused, petition the probate authority or court to compel production or to order an accounting.

Specific steps to take if the executor refuses to provide the prenup or estate documents

Ask in writing. Send a clear written demand (email and/or certified mail) identifying you, your interest in the estate, and the documents you seek (copy of the prenup, will, inventories, accountings). Keep copies of your correspondence.
Check the probate filings. Contact the Register of Wills in the county where the estate is being administered to see what has been filed publicly (will, petitions, inventories, accountings).
Request an informal meeting. Sometimes a short conversation with the personal representative or the attorney for the estate resolves misunderstandings.
Demand an accounting. If the representative refuses to cooperate, you can demand a formal accounting. Beneficiaries can petition the probate court or appropriate register for an order requiring the representative to account for estate assets and produce documents.
File a court petition to compel production or remove the representative. If the representative ignores duties or acts improperly, beneficiaries can file a petition in the appropriate Delaware court asking the court to compel disclosure, to order sanctions, or to remove the representative for breach of fiduciary duty. The exact court and procedure can depend on the circumstances; the Register of Wills can often point you to the right filing office.
Consider a subpoena or discovery in litigation. If litigation is necessary (for example, to contest the enforceability of the prenup or to challenge the administration), court-ordered discovery and subpoenas can force the production of documents.
Talk to a Delaware estate attorney. Because statutes, deadlines, and local procedures matter, consult a lawyer familiar with Delaware probate and contract law to evaluate the prenup’s enforceability and to advise on the best procedural route.

When to consider contesting the prenup

A court will set aside a prenup only for specific reasons recognized by statute or case law — for example, if the agreement was signed under duress, without adequate disclosure of significant assets, or if terms were unconscionable and disclosure requirements were not waived in writing. If you suspect the prenup was procured by fraud or coercion or that your mother lacked capacity when she signed documents that affected the life estate or estate plan, those are potential grounds to challenge validity. Consult counsel promptly: there are time limits and strategic considerations.

Helpful Hints

Start with paperwork: ask for copies of the will, deed creating a life estate (if any), and the prenup in writing and keep records of all requests.
Contact the Register of Wills for the county where the estate is administered — many probate filings are public and can be obtained directly.
If you are a named beneficiary or likely intestate heir, state law gives you standing to request an accounting; don’t let silence be treated as permission to withhold records.
Time matters. If you suspect fraud or misconduct, act quickly. Statutes of limitation and procedural deadlines can apply to estate challenges and will contests.
Preserve evidence. Keep copies of communications, the deceased’s estate planning documents you already have, and any financial statements that may support a claim of nondisclosure.
Get legal help early. An attorney experienced in Delaware probate and contract (premarital agreement) law can evaluate whether the prenup likely affects your inheritance and can advise whether to seek court intervention.

Disclaimer: This article explains general principles of Delaware law only. It is not legal advice and does not create an attorney–client relationship. For advice about a specific situation, consult a licensed Delaware attorney who can review the actual documents and facts.