Detailed Answer
Under Delaware law, you can probate a will even if it surfaces decades after execution. The process requires validating authenticity, filing a petition with the Register of Wills, and proving due execution. Follow these steps:
- Confirm authenticity: Locate the original document and any attesting witnesses or secondary evidence. Delaware courts allow secondary proof if witnesses are unavailable (12 Del. C. § 1301).
- Choose the proper Register of Wills: File in the county where the decedent was domiciled at the time of death.
- Prepare and file a probate petition: Submit the original will, a certified death certificate, and a petition to admit the will to probate.
- Notify interested parties: Serve heirs, beneficiaries, and creditors according to Delaware law (12 Del. C. § 1304).
- Appointment of personal representative: The court appoints the executor named in the will. If no executor qualifies, the court appoints an administrator with the will annexed.
- Administer the estate: The personal representative inventories assets, notifies creditors, pays debts, and distributes property per the will.
Challenges with older wills: After many years, witnesses may be deceased and physical evidence may be lost. In such cases, present affidavits, notarized copies, or other admissible secondary evidence to satisfy the court’s requirements.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney about your specific situation.
Helpful Hints
- Gather all draft versions, correspondence, and related documents to support authenticity.
- Verify that the will meets formal execution standards under 12 Del. C. § 1302.
- Identify and notify all potential heirs and creditors early to prevent delays.
- If witnesses are unavailable, consider expert analysis on handwriting or testimony from individuals with relevant knowledge.
- Check local Register of Wills rules for filing fees, required forms, and publication requirements.