Disclaimer: This is not legal advice. This article provides general information under Delaware law. Consult a Delaware attorney for legal advice.
Detailed Answer
To begin probate in Delaware, you must present the decedent’s original will (or a certified copy if the original is held by the Register of Wills) to the probate court. Each county in Delaware has a Register of Wills office that handles estate filings. Under 12 Del. C. § 1501 et seq. (delcode.delaware.gov/title12/c015/), you must file the will in the county where the decedent resided at the time of death.
Step 1: Locate the Original Will
Search the decedent’s personal papers, safe deposit box, or secure home storage. If an attorney or the Register of Wills holds the original, contact the Register of Wills in the correct county. You can find office locations at courts.delaware.gov/surrogates/.
Step 2: Request a Certified Copy
If the Register of Wills retains the original, or if you need a duplicate, request a certified copy. Bring a copy of the decedent’s death certificate and valid photo ID. Fees vary by county; contact the office in advance.
Step 3: File the Will with the Court
File a probate petition with the Register of Wills. Attach the original will if you have it. If you submit a certified copy, include a Notice of Location under 12 Del. C. § 1503 (delcode.delaware.gov/title12/c015/). The court reviews the petition, admits the will to probate, and issues Letters Testamentary.
Step 4: After Probate
Once the court admits the will, the Register returns the original to the executor. The executor can then manage assets according to the decedent’s wishes.
Helpful Hints
- Keep at least two copies of the will for your records.
- File the petition promptly to avoid delays in asset distribution.
- Check county websites for specific filing fees and forms.
- Consider hiring a probate attorney for complex estates.