Detailed Answer
When a person dies without a valid will in Delaware, the estate is intestate. Someone must manage asset collection, pay debts and distribute property under state law. That person is called an administrator. Delaware law governs intestate administration in Title 12, Chapter 3, Subchapter III of the Delaware Code.
1. Filing a Petition for Grant of Administration
To begin, file a “Petition for Grant of Administration” with the Register of Wills office in the county where the decedent lived. The petition must include:
- A certified copy of the decedent’s death certificate
- An inventory of known assets
- A list of all potential heirs
Refer to 12 Del. C. § 3901 et seq. for detailed filing requirements.
2. Priority of Appointment
Delaware law sets a priority order for appointing an administrator. The Register of Wills will consider volunteers in this sequence:
- Surviving spouse
- Children
- Grandchildren
- Parents
- Siblings
- Next of kin
- If no qualified family member applies, any other creditor or interested person
See 12 Del. C. § 3903 for the priority rules.
3. Qualification and Bond
To serve as administrator, a person must:
- Be at least 18 years old
- Be a U.S. resident
- Not have felony convictions involving dishonesty
The court may require a surety bond to protect the estate unless all heirs agree to waive the bond. Refer to 12 Del. C. § 3906 (qualification and oath) and 12 Del. C. § 3907 (bond requirement).
4. Issuance of Letters of Administration
Once the petition is approved and any bond requirements are satisfied or waived, the Register of Wills issues “Letters of Administration.” These letters grant legal authority to:
- Collect and inventory assets
- Pay debts, taxes and funeral expenses
- Distribute property according to Delaware’s intestacy rules
General rules on distribution are in 12 Del. C. § 3901 et seq..
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Confirm the decedent’s county of residence before filing your petition.
- Obtain multiple certified copies of the death certificate early in the process.
- Gather contact information for all known heirs to expedite publication requirements.
- Consider whether a bond waiver is appropriate; get written consent from heirs.
- Keep detailed records of all estate transactions and communications.