Detailed Answer
When a financial institution or other custodian refuses to release estate-related records, an executor or personal representative has several legal tools under Delaware law to compel production and protect estate assets.
1. Obtain Your Letters of Administration
Under 12 Del. C. § 1901 (12 Del. C. Ch. 19), after filing a petition with the Register of Wills, the court issues Letters of Administration or Letters Testamentary. Present these letters to institutions to establish your authority to request documents.
2. Send a Formal Demand Letter
Draft a demand letter referencing your Letters and estate duties. Cite any relevant account agreements and state that you will seek court intervention if they fail to comply within a reasonable timeframe, typically 30 days.
3. Petition the Court of Chancery for a Subpoena Duces Tecum
If the institution still refuses, file a petition in the Delaware Court of Chancery requesting a subpoena duces tecum under 10 Del. C. § 3108 (10 Del. C. Ch. 31). This subpoena compels non-parties to produce documents and appear for depositions. Failure to comply may lead to contempt sanctions or monetary penalties.
4. Use the Probate Citation Process
The Register of Wills can issue citations under 12 Del. C. § 306 to compel individuals or institutions to appear before the probate court and produce estate records. This process often leads to a court date where the custodian must explain its refusal.
5. Seek Contempt or Other Sanctions
If an order to produce records is ignored, you may petition the issuing court to hold the institution in contempt. Courts can impose fines or other penalties to enforce compliance and protect the estate.
Helpful Hints
- Keep detailed records of all communications, including dates and names of representatives.
- Track statutory deadlines for estate administration under Title 12 to avoid delays.
- Consider alternative dispute resolution, such as mediation, before pursuing court orders.
- Consult with an attorney if institutions continue to resist—early advice can save time and money.
- Be clear, concise, and professional in all demand letters and court filings.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.