Detailed Answer
When someone dies in Delaware, the appointed personal representative must follow specific steps to ensure all estate expenses and creditor claims are resolved before heirs receive any inheritance. Below is an overview of these key procedures under Delaware law.
1. Opening the Estate and Filing the Will
The personal representative submits the decedent’s will (if one exists) and a petition to the Delaware Court of Chancery to open probate. This step officially grants the representative authority to administer the estate. (See 12 Del. C. §1301.)
2. Inventory and Appraisal of Assets
Within 90 days of appointment, the representative must file an inventory and appraisal of all estate assets with the register of wills. This document provides a clear accounting of property value and helps determine available resources for expenses and claims. (See 12 Del. C. §1305: https://delcode.delaware.gov/title12/c013/1305.html)
3. Notice to Creditors
The representative must notify creditors of the decedent’s death by:
- Publishing a notice in the Delaware Register of Regulations. (See 12 Del. C. §1309: https://delcode.delaware.gov/title12/c013/1309.html)
- Mailing written notice to known creditors directly.
Creditors then have three months from the first published notice to file claims. Late claims are typically barred.
4. Paying Debts, Taxes, and Administration Expenses
Delaware law requires the personal representative to pay funeral costs, estate administration fees, and valid creditor claims in a statutory priority order. This ensures high-priority debts (such as taxes and secured claims) are settled first. (See 12 Del. C. §1311: https://delcode.delaware.gov/title12/c013/1311.html)
5. Resolving Disputed Claims
If a creditor’s claim is disputed, the representative may ask the Court of Chancery to approve or deny the claim. The court’s ruling binds all parties and ensures only valid debts reduce the estate assets.
6. Final Accounting and Distribution
After paying debts and expenses, the personal representative prepares a final accounting and petition for distribution. Once the court approves, the representative distributes the remaining assets according to the will or Delaware’s intestacy statutes. (See 12 Del. C. §1333: https://delcode.delaware.gov/title12/c013/1333.html)
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific estate administration needs.
Helpful Hints
- Begin creditor notice promptly to prevent claims from being barred.
- Keep detailed records of all communications, filings, and payments.
- Consult a probate attorney early to navigate complex creditor disputes.
- Review Delaware’s estate distribution priority list before final accounting.
- Use certified mail when notifying known creditors to verify delivery.