Disclaimer: This article does not constitute legal advice. For personalized legal counsel, consult a licensed Delaware attorney.
Detailed Answer
When a person dies in Delaware, all bank accounts become part of the probate estate. To freeze or secure these accounts—especially if co-heirs refuse to cooperate—you must obtain court-issued documents that appoint you as the estate’s legal representative.
1. Obtain a Certified Death Certificate
Banks require a certified death certificate before taking any action on a decedent’s account.
2. Secure Letters Testamentary or Letters of Administration
File a probate petition in the Delaware Court of Common Pleas (for smaller estates) or Superior Court (for larger estates). After notice and any required hearings, the court issues one of the following:
- Letters Testamentary: Grants authority to the executor named in a valid will.
- Letters of Administration: Appoints an administrator if no valid will exists or the nominated executor cannot serve, per 12 Del. C. § 3904.
3. Present Court-Issued Authority to the Bank
Deliver certified copies of your letters and death certificate to the bank. Under 12 Del. C. § 3931, banks must freeze or secure accounts pending proper distribution.
4. Seek a Court Order to Compel Cooperation
If heirs still withhold assets or refuse to provide information, file a motion under 12 Del. C. § 3802. The court can issue an order directing banks and heirs to comply with your authority.
By following these steps, you ensure that the decedent’s bank accounts remain secure and under court supervision, even when co-heirs are uncooperative.
Helpful Hints
- Begin the probate process promptly to prevent asset dissipation.
- Carry multiple certified copies of your letters and the death certificate.
- Provide notice to all heirs and interested parties as required by 12 Del. C. § 3831.
- Keep detailed records of all communications with co-heirs and financial institutions.
- Consult a Delaware probate attorney for complex estates or contested matters.