How to handle your mother’s estate in Delaware: a clear step-by-step FAQ

Short answer: Immediately secure your mother’s important documents and property, obtain certified death certificates, determine whether there is a valid will, contact the local probate office to start administration if needed, notify creditors and beneficiaries, inventory and value assets, pay debts and taxes, and then distribute property under court supervision or according to the will. This article explains the typical steps under Delaware law, common deadlines, and practical tips to make the process smoother.

Disclaimer

This page is informational only and not legal advice. Laws change and facts matter. Consult a licensed Delaware attorney for advice tailored to your situation.

Detailed Answer — step-by-step guide under Delaware law

1. First 24–72 hours: secure documents and property

Hypothetical facts used below: your mother died at home, left a paper will, and owned a house, a checking account, and a life insurance policy naming beneficiaries.

Find the original will (if any), any trust documents, deeds, mortgage statements, bank and investment statements, life insurance and retirement account papers, and safe-deposit box keys.
Obtain multiple certified copies of the death certificate from the funeral home or the state vital records office. You will need them to close accounts, transfer title, and for the probate court.
Secure property (real estate, vehicles, jewelry) and change alarm codes or locks if necessary.

2. Determine who is authorized to act

If the will names an executor, that person is ordinarily responsible for opening the estate and administering it. If there is no will (intestate) or the named executor is unavailable, an interested person (usually a close family member) can petition the court to be appointed the personal representative or administrator.

3. Decide whether probate is required and where to file

Probate (formal administration) is typically required to transfer title to assets held in the decedent’s name alone. The registry or court that handles probate matters depends on the county where the decedent lived. For statutory guidance on decedents’ estates in Delaware, see Delaware Code, Title 12 (Decedents’ Estates): https://delcode.delaware.gov/title12/.

4. File the will and petition for probate

If there is a will: file the original will and a petition to admit it to probate with the appropriate Delaware probate office or register. The court will formally appoint the executor and issue letters testamentary (authority to act).
If no will: file a petition to be appointed administrator; the court will issue letters of administration.

5. Give notice

Delaware law requires notice to heirs and often requires a notice to creditors. The probate office can explain specific notice rules and timelines. See Title 12 for rules on administration and creditor claims: Del. Code Title 12.

6. Inventory, marshal assets, and value the estate

The personal representative must prepare an inventory of the decedent’s assets and their values. Collect account statements, get appraisals when needed for real estate, collect life insurance proceeds that name the estate as beneficiary, and list outstanding debts.

7. Pay debts, expenses, and taxes

Pay funeral expenses, final medical bills, and valid creditor claims in the order required by Delaware law.
File any required tax returns (final individual income tax returns and, if applicable, estate tax returns). Check with the Delaware Division of Revenue and federal IRS rules for timing and thresholds. If you need official information, start at the state site: https://revenue.delaware.gov/.

8. Distribute assets

After debts and taxes are resolved and the court approves the accounting (if required), distribute remaining assets to beneficiaries under the will or under Delaware intestacy rules if there is no will. The court may require a final accounting before closing the estate.

9. Close the estate

File a petition to close the estate with the court and provide a final accounting if required. Once the court approves, the estate is closed and the personal representative’s duties end.

Key Delaware statutes and court resources

Delaware Code — Title 12 (Decedents’ Estates): https://delcode.delaware.gov/title12/
Delaware Courts (general resource and local probate/contact information): https://courts.delaware.gov/
Delaware Division of Revenue (tax information and guidance): https://revenue.delaware.gov/

When to get legal help

Consider hiring a Delaware probate attorney if any of the following apply:

The estate is large or has complicated assets (business interests, out-of-state real estate, or unusual assets).
There are disputes among heirs or beneficiaries about the will, asset ownership, or creditor claims.
Tax issues may be significant, including potential federal estate tax complexities.
You are unsure how to comply with court deadlines or how to complete required filings.

Helpful hints

Order several certified death certificates early. Many institutions require originals.
Make a list of financial accounts, subscriptions, passwords, and insurance policies to speed the process.
Check beneficiary designations on retirement accounts and life insurance. These pass outside the will and often do not require probate.
Open a separate bank account for the estate to avoid mixing personal and estate funds.
Keep detailed records and receipts for all estate transactions—courts expect clear accounting.
If the estate seems small, ask the local probate office about simplified or summary procedures before starting full probate.
Ask about statutory deadlines for creditor claims and estate administration in your county’s probate office.

Final note

Handling a parent’s estate is both an administrative and an emotional task. Follow the checklist above, use the Delaware Code and court resources linked here for statutory detail, and get professional help when the legal or factual issues are complex.