Detailed Answer

Overview — what “dying without a will” (intestacy) means in Delaware

If someone dies without a valid will, Delaware law provides a default order for who inherits the decedent’s property (intestate succession). That order typically starts with a surviving spouse and descendants, then parents, then siblings and other relatives. To get legal title to real estate that belonged to the decedent, an official estate administration (probate) usually must be opened in the appropriate Delaware court unless the property passed automatically by joint ownership, beneficiary deed, or another nonprobate device. For statutory text and general probate authority see Delaware Code Title 12: Probate and related rules: delcode.delaware.gov/title12/.

Step-by-step: typical process to open and administer the estate

1. Confirm whether probate is required.

   Check how the house is titled. If the house is owned jointly with right of survivorship, or if there is a recorded transfer-on-death/beneficiary designation that applies to the real property, the property may pass outside probate. If the house was solely in your sibling’s name, probate is generally necessary to transfer title.

2. Locate and obtain the certified death certificate.

   You will need certified copies of the death certificate to open an estate and to handle bank accounts, mortgage companies, and government filings.

3. Identify the correct court office and file for administration.

   In Delaware, probate filings go through the Register of Wills/Orphans’ Court in the county where the decedent lived or where substantial real property is located. Contact the Register of Wills for the county to get local forms and filing instructions; Delaware’s court website provides Register of Wills contact pages and procedures: courts.delaware.gov/register-of-wills/.

4. File a petition for letters of administration (no will).

   If there is no will, an eligible person (often the closest heir or someone with priority under law) files for appointment as the estate administrator by requesting Letters of Administration. The register’s office will give the required forms and explain the filing fee and local procedural steps.

5. Appointment and bond (if required).

   The court or register will appoint an administrator. The court may require a surety bond to protect creditors and heirs; the bond amount and whether it can be waived depends on local rules and whether all heirs consent.

6. Gather and secure estate assets, including the house.

   Once appointed, the administrator must inventory estate assets, secure the residence (maintain insurance, keep up mortgage or taxes), and identify mortgages, liens, or other encumbrances on the house.

7. Provide notice and handle claims.

   The administrator will notify known creditors and may publish required notices. Creditors have the opportunity to present claims against the estate. The administrator pays valid debts and administrative expenses before distributing property to heirs.

8. Value the estate and, when required, obtain court approval for sale or transfer of real property.

   If the house must be sold to pay debts or if heirs agree to sell, the administrator may ask the court for approval to sell. If the estate’s debts are satisfied, the administrator petitions the court for final distribution to heirs under Delaware intestacy rules.

9. Transfer title and record deeds.

   After the court issues an order of distribution or an order approving sale, use the court-issued Letters of Administration and the recorded court order to prepare a deed transferring the property to the heir(s) or buyer. Record the deed in the county Recorder/Office of the Register of Deeds where the property is located to change title.

10. Close the estate.

    File final accounting and a petition for discharge. Once the court approves final distribution and the administrator is discharged, the estate is closed.

Special notes when you are a sibling and no spouse, children, or parents survive

If the decedent has no surviving spouse, descendants (children/grandchildren), or parents, siblings are generally next in line under intestacy. If multiple siblings survive, they usually share the estate per intestate succession rules. Disagreements between multiple heirs can delay administration and may require court resolution. For the governing laws on intestate succession and the probate framework, see Delaware Code Title 12: delcode.delaware.gov/title12/.

Common obstacles and how to handle them

• If the property has an outstanding mortgage, contact the lender promptly to discuss options and to avoid foreclosure.
• If there are multiple heirs who disagree about selling or keeping the house, consider mediation or a court petition for sale and division of proceeds.
• If you cannot locate all heirs, the court may require additional notice and time before approving distribution.
• Title issues or liens may require a title search and possibly quiet-title or lien resolution actions before clean transfer.

Helpful Hints

• Start at the Register of Wills for the county where the decedent lived or where the house is located — they provide local forms and procedural guidance: Delaware Register of Wills.
• Gather key documents before filing: certified death certificate, deed, mortgage statements, bank account statements, vehicle titles, and any insurance policies.
• Confirm how the house is titled. Joint tenancy or beneficiary designations can avoid probate. If title is solely in the decedent’s name, probate is normally required to clear title.
• Keep the house insured and maintain mortgage/tax payments while administration is pending to protect estate value.
• If you anticipate a bond will be required, learn bonding options early (surety bonds vs. waivers from heirs).
• Be mindful of timelines for creditor claims and tax filings; unresolved claims can delay distribution.
• Consider hiring a Delaware probate/estate attorney if the estate involves substantial real property, disputed heirship, creditors, or complex liens.
• Use a title company or real-estate attorney to handle recording deeds and clearing title after the court has approved distribution.
• Keep clear records of every transaction; the court will expect an inventory and final accounting before closing the estate.

Key resources:

• Delaware Code (probate-related provisions): delcode.delaware.gov/title12/
• Delaware Register of Wills (county contacts and forms): courts.delaware.gov/register-of-wills/

Important disclaimer: This article provides general informational guidance about Delaware probate and intestacy procedures only. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Delaware probate or estate attorney or your county Register of Wills.