Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Delaware law, a personal representative (called an executor if named in a will) oversees the administration of a decedent’s estate. The application process and timeline include the following steps:
- Locate and Review the Will (if applicable): If the decedent left a will, the named executor submits the original will to the Register of Wills in the county where the decedent resided. (12 Del. C. § 3931).
- File a Petition for Letters: File a Petition for the Issuance of Letters of Administration (or Letters Testamentary) with the Register of Wills and attach a certified death certificate. The petition must list the decedent’s heirs or beneficiaries. (12 Del. C. § 3903).
- Pay Filing Fees: Delaware charges a statutory fee based on the gross value of the estate. Fee schedules appear on the Register of Wills website.
- Notice to Interested Parties: The Register issues notice to heirs and beneficiaries. You must serve or publish this notice as required by statute. (12 Del. C. § 3911).
- Issuance of Letters: Once the petition is in order and fees are paid, the Register issues Letters of Administration or Letters Testamentary, authorizing you to act as personal representative. This typically occurs within 1–3 business days.
- Settle Debts and Claims: Publish notice to creditors in a local newspaper. Creditors generally have three months from publication to file claims. (12 Del. C. § 1987).
- Complete Estate Administration: Collect assets, pay valid debts, file an inventory, distribute remaining assets to beneficiaries, and file a final account with the Register of Wills.
Overall, the initial appointment process usually takes 1–2 weeks if all documents are complete. The full administration timeline depends on the estate’s complexity, but most small estates close within 6–12 months.
Helpful Hints
- Verify that the death certificate is a certified copy before filing.
- Contact the Register of Wills early to confirm current fee schedules and procedural requirements.
- Maintain detailed records of all notices, publications, and filings.
- Consider consulting an attorney if disputes arise among heirs or if the estate involves complex assets.