Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
Under Delaware law, the court appoints an administrator according to a priority list of heirs outlined in 12 Del. C. § 3911 (delcode.delaware.gov/title12/c039/index.html#3911). If a higher-priority heir exists, the following steps can help a client seek appointment:
- Review the priority list: 12 Del. C. § 3911 establishes the order of preference: surviving spouse, descendants, parents, siblings, and so on.
- Check for disqualification: Under 12 Del. C. § 3912 (delcode.delaware.gov/title12/c039/index.html#3912), certain heirs may be ineligible if they are minors, nonresidents without consents, convicted felons without pardon, or incompetent. A disqualified higher-priority heir triggers appointment of the next eligible person—potentially the client.
- Obtain a waiver or renunciation: A qualified heir may renounce appointment rights under 12 Del. C. § 3914 (delcode.delaware.gov/title12/c039/index.html#3914). A signed renunciation by the higher-priority heir shifts priority to the next person in line.
- File a petition for letters of administration: If the higher-priority heir fails to petition or has renounced, the client can file a petition with the Delaware Probate Court. The court reviews competing petitions and appoints the most appropriate administrator.
- Invoke special circumstances: When an heir is incapacitated or out of state, 12 Del. C. § 3913 (delcode.delaware.gov/title12/c039/index.html#3913) allows appointment of another qualified person upon showing the vacancy.
Throughout the process, the client must submit required forms, serve notice to interested parties, and comply with bond requirements under 12 Del. C. § 3917 if applicable. Court clerks and the Delaware Judicial Information Center can provide filing procedures and timelines.
Helpful Hints
- Review 12 Del. C. §§ 3911–3914 and 3917 for priority, disqualification, waivers, and bond rules.
- Obtain the decedent’s death certificate before filing any paperwork.
- Serve notice to all statutory heirs and interested persons under Delaware Court of Chancery rules.
- Track statutory time limits for filing a petition for letters of administration.
- Consider consulting an attorney if disputes arise among heirs.