Detailed Answer
In Delaware, a personal representative holds a fiduciary role and must keep heirs fully informed throughout estate administration. Delaware’s probate statutes (Title 12, Chapter 33) set out specific notice, reporting, and record-keeping requirements.
1. Notice to Heirs
Under 12 Del. C. § 3303, within 60 days of appointment the personal representative must send written notice by registered or certified mail to each known distributee or legatee. The notice must include:
- The fact that the estate is being administered (and whether the decedent died testate or intestate)
- The name and address of the personal representative
- Instructions on how and when creditors may file claims
- Basic information about deadlines and procedural rights
(See Title 12, Chapter 33 – Administration of Estates: https://delcode.delaware.gov/title12/c033/)
2. Inventory and Appraisal
Under 12 Del. C. § 3313, the personal representative must file an inventory of all estate assets with the Register of Wills within three months of appointment. This inventory shows heirs the estate’s value and composition, helping them understand potential shares.
3. Accountings and Record-Keeping
Per 12 Del. C. § 3314, the personal representative must maintain accurate records of:
- All assets received
- Expenses paid on behalf of the estate
- Distributions made to heirs or creditors
Heirs have the right to inspect these records at reasonable times and may request a formal accounting before final distribution.
4. Final Distribution and Reporting
Before making final distributions, the personal representative must prepare a detailed accounting and provide heirs with a notice of intent to distribute. This report must outline remaining assets, proposed distributions, and any outstanding liabilities.
5. Fiduciary Duties
The personal representative must:
- Act in good faith and avoid conflicts of interest
- Preserve and protect estate property
- Invest assets prudently in accordance with Delaware’s prudent investor rule
- Communicate promptly and honestly with heirs
If a personal representative fails to meet these duties, heirs may petition the Delaware Court of Chancery to compel compliance or remove the representative.
Helpful Hints
- Keep a written log of all communications with the personal representative.
- Review the inventory promptly and raise questions early.
- Request copies of interim accountings if you have concerns about estate expenses.
- Note key deadlines: 60 days for notice to heirs, 3 months for inventory, and creditor claim periods.
- Consider an attorney if the personal representative misses statutory deadlines or you suspect mismanagement.
Disclaimer: This article is for educational purposes and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney.