Disclaimer: This article does not constitute legal advice. It provides general information about Delaware probate procedures. Consult an attorney for guidance tailored to your situation.
Detailed Answer
- Prepare and File the Probate Petition
Draft a Petition for Probate (or for Administration if there’s no will). Include the original death certificate, a list of heirs or devisees, and an estimated value of the estate. File these documents with the Register of Wills in the county where the decedent resided. See 12 Del. C. § 901. - Obtain Letters Testamentary or Letters of Administration
Pay the required probate fees and any bond premium if a bond is required. The Register will issue official “Letters” appointing you as personal representative (executor/administrator). - Serve Notice on Interested Persons
Within 30 days of issuance of Letters, mail or hand-deliver written notice to all heirs, devisees and known creditors. This ensures everyone with a potential claim learns about the probate proceedings. - Publish Creditor Notice
Under 12 Del. C. § 901(c), publish a notice once a week for three consecutive weeks in a newspaper of general circulation in the county of probate. The notice must:- Identify the decedent and probate case number
- Name you (the personal representative)
- State the deadline for presenting creditor claims: two months after first publication
- File Proof of Publication
Obtain an affidavit of publication from the newspaper after the three-week run. File that affidavit with the Register of Wills to document compliance. - Wait for Creditor Claims
Creditors have two months from the date of the first newspaper notice to present claims. Review any claims, allow or disallow them, and pay approved claims from estate assets.
Helpful Hints
- Double-check probate filing fees and bond requirements on the Register of Wills website.
- Keep certified mail receipts or service affidavits to prove you notified interested parties.
- Confirm the newspaper’s classification and circulation requirements before publishing.
- Track deadlines on a calendar to avoid missing publication or claim-filing dates.
- Consider consulting a probate attorney if the estate includes real estate, complex assets or litigation risks.