Detailed Answer

Short answer: Generally, no. In Delaware, assets that pass by right of survivorship (for example, joint tenancy with right of survivorship or tenancy by the entirety) ordinarily transfer directly to the surviving owner at the moment of death and do not become part of the decedent’s probate estate. Because those assets pass outside probate, they typically are not required to be included in the inventory of assets that the personal representative files for the probate estate.

What “pass outside probate” means: when property is titled as joint tenants with right of survivorship or as tenants by the entirety, ownership automatically vests in the surviving joint owner(s) when one owner dies. This transfer occurs by operation of law and not through the will or probate process. Common examples include jointly titled bank accounts, deeds to real estate held as joint tenants or tenants by the entirety, and some transfer-on-death or payable-on-death designations (which also bypass probate).

Delaware’s decedent and probate rules are in Title 12 of the Delaware Code. For general reference to Delaware’s statutes governing decedents’ estates, see: https://delcode.delaware.gov/title12/.

Important exceptions and practical points

• Form requirements and court orders: The court or the Register of Wills may require disclosure of nonprobate transfers in certain proceedings. If the personal representative is filing a specific court inventory form that asks for nonprobate assets, you must follow that form or court order even if the asset is not part of probate property.
• Disputed title or ambiguous documentation: If ownership is not clearly shown by title documents, the court may require listing the asset until the ownership issue is resolved. For example, if a bank account shows both names but it’s unclear whether it is true joint tenancy or one party was merely an authorized signer, you may need to include it and provide supporting documentation.
• Claims by creditors: Creditors often have a limited period to assert claims against the probate estate. Some creditors can seek recovery from nonprobate transfers if the transfer was made to evade creditors, or if state law provides remedies. The personal representative should consider creditors’ rights and consult counsel if a transfer looks suspect.
• Estate tax, Medicaid, and other government filings: Nonprobate transfers can still matter for federal estate tax, Delaware estate administration (if there’s an ancillary or complex estate), and Medicaid recovery. Even if the asset does not appear on the probate inventory, it may need to be reported elsewhere.
• Spousal tenancy by the entirety: Delaware recognizes tenancy by the entirety for married couples. Property held as a tenancy by the entirety generally passes to the surviving spouse without probate.

Practical steps you should take

1. Collect original title and account documents (deeds, account agreements, beneficiary designations, trust documents) that show how each asset was owned.
2. Confirm the type of ownership on each account or deed—joint tenancy with right of survivorship, tenancy by the entirety, tenancy in common, or sole ownership.
3. Read the probate inventory instructions and any court orders. If the probate inventory form explicitly asks for nonprobate transfers, list them as required and mark that they passed by right of survivorship.
4. If in doubt about title or whether to list an asset, contact the Register of Wills for the county handling the estate or consult a Delaware probate attorney for guidance.
5. Keep clear records and obtain certified copies of the decedent’s death certificate; institutions commonly require certified copies to retitle or release assets to the survivor.

When you might still need to report or document survivorship assets

Even if you do not include survivorship assets on the probate inventory, you may need to:

• Provide a schedule or list to the court if requested.
• Disclose nonprobate transfers for estate tax filings at the federal level.
• Provide information to Medicaid or other agencies if the decedent had outstanding obligations that could implicate nonprobate transfers.

If you need authoritative statutory guidance on estate administration generally, review Title 12 of the Delaware Code: https://delcode.delaware.gov/title12/.

Bottom line: Most survivorship assets that passed to your mother automatically are not part of the probate inventory. However, check the inventory form and court directions, verify title carefully, and consult the Register of Wills or a Delaware probate attorney when any ownership or creditor issues exist.

Disclaimer: This article provides general information about Delaware law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Delaware attorney.

Helpful Hints

• Keep originals: Keep the original deed or account paperwork that shows joint tenancy or tenancy by the entirety.
• Get certified death certificates: Most institutions require certified copies to transfer or retitle assets.
• Label assets: On any probate paperwork, mark clearly which assets passed outside probate and cite the controlling document (deed, account agreement, beneficiary form).
• Check beneficiary designations: Retirement accounts and life insurance pass by beneficiary designation and normally bypass probate—confirm the listed beneficiary.
• Ask the Register of Wills: If you’re unsure what to list, call the Register of Wills office handling the estate for guidance on local practice and required forms.
• Document your reason: If you omit survivorship assets from an inventory, keep a written record explaining why (e.g., “Joint tenancy with right of survivorship; copy of deed attached”).
• Consult an attorney when in doubt: Complex estates, possible creditor claims, tax issues, or unclear titles warrant legal advice.