Mortgage Payments and Utilities During Probate in Delaware
Who pays the mortgage and utilities while an estate is in probate in Delaware? Short answer: When someone dies in Delaware, their home and its bills become responsibilities of the estate. The personal representative (executor or administrator) must protect estate property, which commonly means ensuring mortgage payments and utilities continue. If the estate has cash […]
Read article →Delaware — Deciding Which Assets to List on a Small‑Estate Affidavit or Equivalent
Understanding how to list assets on a small‑estate affidavit (Delaware) Short answer: Delaware does not use the exact "small estate affidavit" forms used in some other states; banks, insurers, DMV offices, and other holders of property often accept an affidavit or institution form to release modest assets. To decide what to list, identify which items […]
Read article →Delaware: Steps to Open an Intestate Estate for a Deceased Sibling’s House
How to Open an Intestate Estate in Delaware for a Deceased Sibling’s House This FAQ-style guide explains the typical steps to open and administer an estate in Delaware when a person died without a will and real property (a house) is involved. This is general information only and not legal advice; consult a Delaware probate […]
Read article →Delaware — Including Survivorship Assets on a Probate Inventory
Should assets that passed by right of survivorship to a surviving owner be listed on a Delaware probate inventory? Detailed Answer Short answer: Generally, no. In Delaware, assets that pass by right of survivorship (for example, joint tenancy with right of survivorship or tenancy by the entirety) ordinarily transfer directly to the surviving owner at […]
Read article →Finding a Missing Parent During Probate in Delaware
Overview This article explains how someone named as next-of-kin can locate a missing parent while administering or opening an estate in Delaware. It reviews practical search steps, how Delaware probate handles unknown or missing heirs, what courts typically require, and options if initial searches fail. The goal is to help you act efficiently and lawfully […]
Read article →Delaware: How to confirm a bank account is under the $20,000 small‑estate limit
How to confirm a bank account qualifies for Delaware's $20,000 small‑estate procedure This FAQ-style guide explains how to determine whether a decedent's bank account is small enough to use Delaware's simplified small‑estate process, what counts toward the $20,000 limit, and practical steps to verify balances and ownership. This is educational information only and not legal […]
Read article →Using a Small Estate Affidavit in Delaware to Claim a Deceased Parent's Bank Account
Detailed Answer: Using a Small Estate Affidavit in Delaware to Claim a Deceased Parent's Bank Account When a parent dies, their bank accounts may be released to the surviving heirs or beneficiaries without full probate if the estate qualifies as a "small estate." In Delaware, decedents' estate law is in Title 12 of the Delaware […]
Read article →Delaware: Do I Need to File Federal Estate or Income Tax Returns When No Distributions Were Made?
When must an estate file federal tax returns if no distributions were made? Disclaimer: This is general information, not legal or tax advice. Consult a licensed attorney or tax professional for advice tailored to your situation. Detailed Answer Two different federal filings often arise after a death: the decedent’s final individual income tax return (Form […]
Read article →Delaware: Transferring Brokerage Account Assets into an Estate Checking Account
Estate Brokerage Transfer Detailed Answer — How to get brokerage assets into an estate checking account (Delaware) When someone dies, brokerage accounts can pass in several ways. If the account was titled solely in the decedent’s name, and there is no transfer-on-death (TOD) or payable-on-death (POD) beneficiary, the account usually becomes part of the decedent’s […]
Read article →Selling a Co-Owned Property in Delaware to Pay Funeral and Property Taxes
Can I sell a co-owned Delaware property to pay for funeral and property tax expenses? This FAQ explains how co-ownership, probate, and sale options interact under Delaware law so you can decide whether to sell a shared property to cover funeral and tax bills. This is educational only and not legal advice. Quick answer If […]
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