Opening Probate in Delaware When You Live Out of State: What a Sibling Should Know | Delaware Probate

Detailed Answer

Short answer: If your sibling died domiciled in Delaware, you open probate in the Delaware Register of Wills office for the county where your sibling lived. You can serve as the personal representative (sometimes called executor or administrator) even if you live out of state, but you must follow Delaware procedures: submit required paperwork (death certificate, will if any, probate petition), comply with bond and notice rules, and work with the local Register of Wills or a Delaware attorney to complete filings and creditor notices.

Why Delaware law controls

Probate is governed by the law of the decedent’s domicile at death. If your sibling was domiciled in Delaware, Delaware probate rules apply. Delaware’s Decedents’ Estates statutes and the local Register of Wills offices set the procedures for opening an estate. See Delaware Code, Title 12 (Decedents’ Estates): https://delcode.delaware.gov/title-12/.

Step-by-step: How to open probate in Delaware from out of state

Confirm domicile and locate the original will (if any). Probate goes where the decedent was domiciled. Find the original signed will, if one exists. If you can’t find a will, the estate may proceed as intestate (no will).
Contact the Register of Wills in the county of the decedent’s residence. Delaware has a Register of Wills office in each county. Ask about local filing procedures, forms, and fee schedules. General Register of Wills info is available at the Delaware Courts website: https://courts.delaware.gov/register-of-wills/.
Gather required documents. Typical items the Register will ask for include: certified death certificate, the original will and any codicils (if available), a proposed petition for probate or appointment, an inventory of known assets, and contact information for heirs and beneficiaries.
File a petition to probate the will or to appoint an administrator. If there’s a valid will, you petition to admit it to probate and appoint the named executor. If there’s no will, you petition to be appointed administrator under Delaware intestacy rules. You can file in person, by mail, or sometimes electronically, but the Register will advise the acceptable methods and whether your personal appearance (or that of a Delaware attorney) is necessary.
Be prepared for bond and residency rules. Delaware courts may require a fiduciary bond to protect creditors and heirs. Sometimes the court requires higher bond or an in-state agent when the appointed personal representative lives out of state. The Register of Wills or an attorney can explain whether bond is required and how to obtain it.
Serve statutory notices to creditors and publish required notices. Delaware law requires that creditors be given notice and that certain public notices be published. The Register or your attorney will tell you the timing and form of those notices under Delaware statutes.
Handle estate administration. After appointment, the personal representative collects and secures assets, pays valid debts and taxes, files any necessary tax returns, and distributes remaining assets to heirs or beneficiaries under the will or Delaware intestacy law.

Practical issues for out-of-state personal representatives

Delaware will accept out-of-state personal representatives, but you may need a Delaware lawyer for filings or to appear in person for initial hearings.
Some banks and financial institutions prefer or require a local certified copy of letters testamentary/letters of administration; securing certified copies from the Register of Wills is part of the process.
Bond requirements and creditor-notice procedures may vary by county—check with the county Register of Wills.
If estate assets include real estate located in Delaware, the probate process is necessary to transfer title, even if beneficiaries live out of state.

Typical timeline and costs

Timing depends on complexity. Simple, uncontested probate can take a few weeks to a few months to open and obtain letters. Full administration—collecting assets, paying debts, and distributing property—often takes 6–12 months or longer. Costs include filing fees, possible bond premiums, and attorney fees if you retain counsel. Fee schedules and requirements are available from the county Register of Wills.

When to hire a Delaware probate attorney

Consider hiring a Delaware probate attorney if any of the following apply: there is no will; assets include Delaware real property; the estate has significant debts or taxes; there is a dispute among heirs; or you prefer a local representative to handle filings and in-person matters while you remain out of state. An attorney can prepare petitions, handle bond issues, publish creditor notices, and obtain certified documents for banks.

Where to find Delaware forms and local contacts

Start with the Delaware Courts Register of Wills page for county contact info, procedural guidance, and forms: https://courts.delaware.gov/register-of-wills/. For statutory rules on decedents’ estates, see Delaware Code, Title 12: https://delcode.delaware.gov/title-12/.

Helpful Hints

Obtain multiple certified copies of the death certificate early; banks and government agencies require them.
Locate the original will quickly. If you can’t find it, ask family members and check with the Register of Wills—sometimes testators filed wills with the Register before death.
Contact the Register of Wills in the county where your sibling lived before filing—procedures and required forms vary by county.
If you are named as executor but live out of state, ask whether the court will require a local agent or increased bond and plan for bond costs or surety company involvement.
Keep detailed records and receipts for all estate transactions. You’ll need them for the final accounting and to avoid personal liability.
Consider limited retainers or task-based help from a Delaware probate attorney if you only need local filings handled in person.
Ask the Register about remote filing or mail-in options—many offices accommodate out-of-state fiduciaries to reduce travel.

Disclaimer: This article explains general Delaware probate principles and practical steps. It is not legal advice and does not create an attorney–client relationship. For guidance specific to your situation, consult a licensed Delaware probate attorney or contact the appropriate Delaware Register of Wills office.