Detailed Answer
Under Delaware law, probate proceedings begin when you file a petition for appointment of a personal representative in the appropriate court—usually the Court of Common Pleas in the county where the decedent lived (or the Orphans’ Court in New Castle County). The governing statutes appear in Title 12 of the Delaware Code, Chapter 3.
- Prepare and File Your Petition (12 Del. C. § 3912)
Complete a petition for appointment of a personal representative, attaching the decedent’s death certificate, a copy of any will, and an heirship schedule. File this with the Register of Wills or court clerk and pay the probate filing fee. See 12 Del. C. § 3912: delcode.delaware.gov/title12/c003/sc02/index.html#3912. - Serve and Publish Notice (12 Del. C. §§ 3913–3914)
Mail notice to all interested parties and publish in a local newspaper as required by 12 Del. C. §§ 3913–3914. File proof of service and proof of publication with the court. - Check for Hearing Date
After you file, the court ordinarily issues an order setting a hearing date. If you do not receive notice of a hearing within 30 days: - Contact the Clerk or Register of Wills
Call or visit the Register of Wills’ office or the clerk’s office to confirm that your petition is complete and ask for the hearing date. - File a Motion to Set Hearing
If there’s still no hearing scheduled, file a “Motion to Set Hearing” under Superior Court Civil Rule 7(b). In your motion, reference your probate docket number, explain that no hearing date has been set, and request the court assign one promptly. You can find Rule 7(b) here: courts.delaware.gov/rules/pdf/superior_civil_rules.pdf. - Serve the Motion and Obtain Your Date
Serve all interested parties with the motion and file a certificate of service. The clerk will docket your motion and issue a hearing date. - Attend the Hearing
Appear on the scheduled date with proof of service, proposed order, and any required bond. Be prepared to answer questions about heirs, assets, and the will’s validity.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney for advice regarding your specific situation.
Helpful Hints
- File your petition early to allow time for publication and service deadlines.
- Keep copies of all filings, notices, and proofs of service.
- Verify the court’s procedural rules; local counties may have specific requirements.
- Review bond requirements and consider whether you need to request a waiver.
- For small estates (assets under $30,000), explore simplified procedures under 12 Del. C. § 3916.