Detailed Answer
Under Delaware law, a minor cannot directly manage property or inheritance. The Orphans’ Court supervises the appointment of a guardian or guardian ad litem to protect a minor’s estate interest. These procedures appear in Title 12, Chapter 39 of the Delaware Code.
1. Filing a Petition for Guardianship
An interested party—commonly a parent, personal representative, or heir—files a petition in the Orphans’ Court in the county where the decedent resided. The petition must describe the minor’s estate interest (such as real property, cash, or securities) and its approximate value. See 12 Del. C. § 3912 for petition requirements.
2. Notice and Hearing
Delaware law mandates notice to all interested parties, including the minor’s surviving parent or legal guardian. The court schedules a hearing to determine whether appointing a guardian is necessary to protect the minor’s interests. Notice procedures are set out in 12 Del. C. § 3913.
3. Appointment of a Guardian
If the court finds guardianship warranted, it issues Letters of Guardianship. The guardian must typically post a bond (unless waived) and act as a fiduciary in preserving, investing, and accounting for the minor’s assets. The scope of a guardian’s powers and duties appears in 12 Del. C. § 3924.
4. Appointment of a Guardian ad Litem
When a minor lacks legal representation or in contested estate matters, the court may appoint a guardian ad litem under 12 Del. C. § 3914. This fiduciary advocates for the minor’s best interests during litigation, conducts investigations, and reports findings and recommendations to the court. Such appointments are typically temporary and end once formal representation is in place or the dispute resolves.
5. Termination of Guardianship
Guardianship automatically terminates when the minor turns 18, unless the court orders earlier termination. At that time, the guardian must file a final accounting and the estate interest vests in the ward.
Helpful Hints
- Consult an attorney experienced in Delaware Orphans’ Court practice.
- Compile a detailed inventory of the minor’s assets before filing the petition.
- Confirm bond requirements and request a waiver if eligible.
- Keep accurate financial records and submit annual accountings on schedule.
- Provide timely notice to all interested parties to minimize disputes.
- Track court deadlines for petitions, hearings, and accounting filings.
- Remember that guardianship ends on the minor’s 18th birthday unless otherwise ordered.