Detailed Answer

Overview. When someone dies in Delaware, the personal representative (often called the executor or administrator) must notify potential creditors so they can present claims against the decedent’s estate. The process generally begins after the court appoints the personal representative. The representative must publish a Notice to Creditors and typically must also mail notice to known or reasonably ascertainable creditors. The exact procedures, required wording, and timing are governed by Delaware probate law; see Delaware Code, Title 12 for statutory authority: https://delcode.delaware.gov/title12/.

Step-by-step process

1. Confirm appointment as personal representative

You normally cannot start the formal notice process until the probate court issues letters testamentary or letters of administration appointing you. Obtain certified or conformed copies of your appointment from the Register of Wills or the probate court handling the estate.

2. Identify known and reasonably ascertainable creditors

Search the decedent’s records (bills, credit cards, loan statements, leases, subscriptions, and email) and contact institutions that may have notice needs (mortgage companies, medical providers, tax authorities). Known creditors must receive mailed notice; reasonably ascertainable creditors are those whose identity and address you can determine through reasonable effort.

3. Prepare the Notice to Creditors

The notice typically includes: the decedent’s full name and last address, the probate court name and file/case number, the name and contact information of the personal representative (and their attorney, if any), a statement that claims must be presented to the personal representative, and how to present a claim (address, required contents). Many courts provide local form language—check the Register of Wills or probate court website for form guidance: https://courts.delaware.gov/.

4. Publish the notice in a qualified newspaper

Delaware requires publication of the notice in a newspaper of general circulation where the decedent lived (or another newspaper designated by the court). The personal representative arranges and pays for publication. The newspaper will provide an affidavit of publication (proof the notice ran), which you will file with the court.

5. Mail notice to known or reasonably ascertainable creditors

Send the notice by mail (typically certified mail, return receipt requested, or first-class depending on local practice) to each known creditor and to anyone reasonably ascertainable. Keep proof of mailing and any signed return receipts. If the law or local rules require a specific method, follow that method.

6. File proof with the court

After publication and mailing, file the affidavit of publication and proof of mailing with the court to document compliance. The court file should show you fulfilled the statutory notice requirements.

7. Monitor claims and follow statutory deadlines

Creditors who receive notice must present their claims in the manner and within the time limits set by Delaware law. Once you receive a claim, review it promptly. You may allow or disallow claims. If you disallow a claim, notify the claimant in writing and follow any procedures for contesting claims. The representative pays allowed claims from estate assets in the order required by statute.

Timing and deadlines

Statutory time limits control when claims become barred. Delaware law sets the deadlines and defines when the bar period starts—often measured from publication or mailing of notice or from the date of death. Because time limits can be strict and vary by circumstance, review the relevant provisions in Delaware Code, Title 12, and consult a probate attorney or the Register of Wills about the applicable bar date for your situation: https://delcode.delaware.gov/title12/.

What must the notice say?

While exact language may vary, include:

Decedent’s full name and last residence;
The name and address of the personal representative (or the personal representative’s attorney);
The probate court name and case number;
Instructions for filing a claim (what information to include and where to send it);
A clear statement that claims not presented within the statutory period may be barred.

Use local court or Register of Wills sample forms when available to ensure compliance with wording expectations.

After claims arrive

When claims arrive, do the following:

Log each claim and keep copies;
Verify the debt, supporting documents, and priority relative to other estate obligations;
Accept and pay valid claims when funds permit; reject invalid or disputed claims in writing;
If claims are large or disputed, consider court approval or guidance; contested claims can lead to adversary proceedings.

Costs and practical considerations

Publishing notices and mailing to creditors costs money. These are estate administration expenses and typically are paid from estate assets before distributions to beneficiaries. Keep records of publication and mailing costs for the estate accounting.

When to consult an attorney

Hiring an attorney is wise when:

Claims are substantial, disputed, or numerous;
The estate lacks liquid assets to pay claims;
There are complicated priority or tax issues; or
You need help drafting notices, responding to claims, or filing required affidavits and accountings with the court.

Delaware probate counsel can confirm statutory deadlines and local court procedures and can represent the personal representative if claims are litigated.

Hypothetical example (simple)

Imagine Jane Doe died owning a bank account and a car. The court appoints Sam as personal representative. Sam: (1) obtains Letters of Administration; (2) prepares a Notice to Creditors listing Jane’s name, the probate file number, and Sam’s contact information; (3) publishes the notice in a Wilmington-area paper and mails it to the mortgage company and two medical providers Jane used; (4) files the affidavit of publication with the court; and (5) receives a creditor claim for medical bills and reviews documents before allowing payment from estate funds. This illustrates the publication, mailing, and proof steps you will follow in most estates.

Statutes and resources

Primary statutory guidance is in Delaware Code, Title 12 (probate and decedents’ estates). Start here and look for chapters on administration, notice, and creditors: https://delcode.delaware.gov/title12/. For local probate forms and specific procedural guidance, check the Delaware Courts site: https://courts.delaware.gov/. For help interpreting deadlines and specific wording, contact a Delaware probate attorney or the Register of Wills in the county where the decedent lived.

Disclaimer: This information is educational only and not legal advice. Laws change and facts differ by case. For advice about a specific estate or deadlines, consult a licensed Delaware attorney or the probate court.

Helpful Hints

Start the process promptly after appointment—delays can affect creditor deadlines.
Keep careful proof of publication and mailing; courts require documentation.
Use certified mail or get return receipts when you send notices to known creditors.
Save originals and copies of every claim received and record the date you received it.
Don’t distribute assets until allowed claims and administrative expenses are addressed.
When in doubt about whether a creditor is “reasonably ascertainable,” consult counsel—omitting a creditor can lead to later liability for the estate representative.
Ask the court clerk or Register of Wills for any local sample notice language and publication requirements.