Detailed Answer
When a decedent’s estate lacks an existing probate case in Delaware, you must choose between a small estate affidavit or a full estate proceeding. Delaware law offers streamlined rules for small estates under 12 Del. C. § 1911. Larger estates require formal administration in the Orphans’ Court. The following steps outline both processes.
1. Gather Documents
- Certified copy of the death certificate
- Original will, if one exists
- List of all assets and approximate values
2. Determine Small Estate Eligibility
If the net personal property does not exceed $30,000 and no real estate requires administration, you may use the Small Estate Affidavit under 12 Del. C. § 1911. This avoids full probate.
3. File a Small Estate Affidavit
- Complete the affidavit form at the Register of Wills office
- Attach the death certificate and list of assets
- Pay the filing fee set by the Register of Wills
4. Initiate Full Estate Proceedings
If the estate exceeds small estate limits or involves real property, file a petition in the Orphans’ Court under 12 Del. C. § 1902.
- Submit the death certificate and original will (if any)
- Provide names and addresses of heirs or beneficiaries
- Pay the probate filing fee
5. Provide Bond and Notices
- Post a fiduciary bond if required under 12 Del. C. § 1930
- Publish notice to creditors per 12 Del. C. § 1922
6. Receive Letters and Inventory Assets
- Obtain Letters Testamentary or Letters of Administration from the Orphans’ Court (12 Del. C. § 1904)
- Prepare and file an inventory of assets within three months under 12 Del. C. § 1931
7. Administer the Estate
- Pay valid debts and taxes
- Distribute remaining assets to beneficiaries or heirs according to the will or intestacy laws (12 Del. C. § 901 et seq.)
8. Close the Estate
- File a final account with the Orphans’ Court
- Petition for discharge of the fiduciary under 12 Del. C. § 1952
Helpful Hints
- Verify estate values before choosing small estate procedures
- Consult the Register of Wills for fee schedules and forms
- Keep copies of all filed documents and receipts
- Track deadlines for inventories and creditor notices
- Consider legal counsel for complex estates or disputes
Disclaimer: This information is for educational purposes only and does not constitute legal advice.