Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation.
Detailed Answer
When a Delaware resident dies without a valid will, an administrator appointed by the Register of Wills must identify, inventory, and distribute the decedent’s real and personal property under Delaware’s intestate succession laws.
1. Identifying Assets
The administrator locates assets by reviewing the decedent’s financial records, deeds, insurance policies and bank statements. Real estate titles are verified through the county Recorder of Deeds. Personal property includes cash, bank accounts, investments, vehicles, household items and digital assets.
2. Inventory and Appraisement
Delaware law requires the administrator to file a true inventory and appraisement of the estate with the Register of Wills, typically within four months of appointment under 12 Del. C. § 1901 (Inventory and Appraisement). Two disinterested appraisers value personal property. Real estate may require a separate appraisal under 12 Del. C. § 1902.
3. Paying Debts and Expenses
Before distributing assets, the administrator pays valid creditor claims, funeral costs and administrative expenses. Creditors generally have six months from notice to submit claims per 12 Del. C. § 1913.
4. Distribution of Assets
After settling debts, the administrator distributes the remaining estate according to Delaware’s intestacy rules in 12 Del. C. § 2101 et seq. (Descent and Distribution):
- No surviving spouse or descendants: assets pass to parents, then siblings, then next of kin.
- Surviving spouse only: spouse inherits entire estate.
- Surviving spouse and descendants (all shared with spouse): spouse inherits first $75,000 plus one-half of balance; descendants share remaining half.
- Surviving spouse and descendants (not all shared with spouse): spouse inherits first $75,000 plus one-half of remaining estate; descendants receive the rest.
- Descendants only (no spouse): entire estate passes per stirpes to descendants.
Helpful Hints
- Gather deeds, titles and account statements promptly.
- Check deadlines for inventory filings with the Register of Wills.
- Hire qualified appraisers for high-value assets.
- Keep organized records of all estate expenses.
- Review Delaware Code Title 12 Chapters 19 and 21 for detailed requirements.