Delaware: Posting and Waiving a Probate Bond When Serving as Administrator of an Intestate Estate
Detailed Answer Short answer: In Delaware, the probate court typically requires a bond (also called a surety bond or fiduciary bond) from a person appointed to serve as an administrator of an intestate estate. The court sets the bond amount to protect the estate’s creditors and heirs. In some circumstances the court can reduce or […]
Read article →Delaware: Factors Courts Consider When Appointing an Estate Administrator
This FAQ-style guide explains how Delaware courts decide who will serve as a decedent’s personal representative (often called an administrator when there is no executor named in a will). It summarizes the common legal and practical factors the court considers and points you to Delaware law for more detail. This is educational only and not […]
Read article →Delaware — Using Estate Sale Proceeds for Junk Removal, Cleanup, and Personal Property Expenses
Can estate sale proceeds be used to pay for junk removal, cleanup, and handling personal property in Delaware? Short answer: Yes — in Delaware, a personal representative (also called an executor or administrator) generally may use estate funds, including proceeds from sales of estate property, to pay reasonable and necessary expenses of administering the estate, […]
Read article →Delaware: Handling Unauthorized Charges to a Parent's Estate in Probate
What happens when unauthorized charges are made to a parent’s estate in Delaware? Quick overview: If someone charges a decedent’s accounts or bills the estate without legal authority, Delaware’s probate process provides ways to stop the charges, contest claims, recover funds, and hold the person who took or billed the money responsible. The estate’s personal […]
Read article →Delaware — Regaining Control of a Deceased Parent’s Bank and Credit Card Accounts
Detailed Answer — How to regain control of a deceased parent’s bank and credit card accounts in Delaware Short answer: Act quickly. Get certified copies of the death certificate, contact the financial institutions, freeze or close accounts, report unlawful use to the police and creditors, and if needed open probate or get court letters giving […]
Read article →Delaware: How to Secure and Inventory a Deceased Relative’s Home Before You Are Appointed Administrator
Detailed Answer — How to secure and inventory a decedent’s house before appointment as Administrator (Delaware) This guide explains practical, legally sensible steps you can take in Delaware if you are worried that siblings or others might remove property from a home after a death, before the court has appointed someone as the decedent’s personal […]
Read article →Delaware: Becoming Administrator of Your Father's Estate When He Died Without a Will
Can I be appointed administrator of my dad’s estate in Delaware if he died without a will? Short answer: Yes — if your father died intestate (without a will) you can ask the Register of Wills in the county where he lived to be appointed the administrator (also called a personal representative). The Register follows […]
Read article →Delaware: Order of Succession Among Children When Someone Dies Without a Will
Detailed Answer This article explains how Delaware law treats the distribution of a decedent's estate among children when the decedent dies without a will (intestate). It uses a simple hypothetical to illustrate how shares are calculated and points you to Delaware statutory resources. How intestate succession works in Delaware When someone dies intestate in Delaware, […]
Read article →Delaware: Payable-on-Death (POD) Accounts and Estate Creditors — What Executors and Beneficiaries Should Know
Short answer Generally no. Accounts titled "payable-on-death" (POD) pass directly to the named beneficiary outside of probate. That means a personal representative normally cannot take POD funds to pay the decedent’s creditors. Creditors, however, may have other legal paths to recover those funds in some circumstances (for example, if the transfer was fraudulent or the […]
Read article →How to Open an Estate Bank Account Using an IRS EIN in Delaware
Detailed Answer When a parent dies, the estate often needs its own bank account so the personal representative (executor or administrator) can collect assets, pay bills and taxes, and distribute property to beneficiaries. Under Delaware law, the practical steps are: obtain legal authority to act for the estate, get an IRS Employer Identification Number (EIN) […]
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