Can I elect to receive a life estate instead of an intestate share in DE?
Disclaimer: This article is for general information and does not constitute legal advice. For advice, consult a licensed attorney. Detailed Answer Intestate Succession Under Delaware Law When someone dies without a will in Delaware, the estate distributes according to 12 Del. C. § 301. A surviving spouse typically receives a fee simple interest in the […]
Read article →How does an executor obtain an EIN for the estate in Delaware?
Disclaimer: This information is for educational purposes only and does not constitute legal or tax advice. Consult a qualified attorney or tax professional for guidance specific to your situation. Detailed Answer When a person passes away, their estate becomes a separate taxpayer for federal tax purposes. An executor (also called a personal representative in Delaware) […]
Read article →What is the difference between common and solemn form probate in Delaware?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Unlike some states, Delaware does not distinguish between “common form” and “solemn form” probate. Under Title 12, Chapter 17 of the Delaware Code, every will undergoes the same proof procedure before the Register of Wills. You submit the original […]
Read article →How to Request and Schedule a Probate Hearing in Delaware When None Is Set
Detailed Answer Under Delaware law, probate proceedings begin when you file a petition for appointment of a personal representative in the appropriate court—usually the Court of Common Pleas in the county where the decedent lived (or the Orphans’ Court in New Castle County). The governing statutes appear in Title 12 of the Delaware Code, Chapter […]
Read article →How to Serve Court Orders on Interested Parties to Move a Probate Case Forward in DE
Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed Delaware attorney for advice about your situation. Detailed Answer In Delaware probate cases, properly serving court orders on all interested parties ensures the case can move forward without delay. Delaware law and rules set out clear methods of service and […]
Read article →How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in DE
Disclaimer: This is not legal advice. This article provides general information under Delaware law. Consult a Delaware attorney for legal advice. Detailed Answer To begin probate in Delaware, you must present the decedent’s original will (or a certified copy if the original is held by the Register of Wills) to the probate court. Each county […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in DE
Understanding the Scope of an Initial Probate Representation Agreement Detailed Answer When you hire an attorney to handle a probate matter in Delaware, you sign an initial representation agreement that defines which tasks the lawyer will perform. The agreement protects you, the personal representative (executor or administrator), and the attorney by setting clear expectations on […]
Read article →May I petition a court to remove an estate administrator who refuses to fulfill their duties? Delaware
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer Under Delaware law, a court can remove an estate administrator who refuses to fulfill their duties. Delaware Code Title 12, § 1214 authorizes removal for misconduct, neglect, or breach of […]
Read article →How Can I Request an Extension for Filing a Final Accounting in Probate in Delaware?
Disclaimer This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney to address your specific situation. Detailed Answer When you serve as a personal representative (executor) in a Delaware probate case, you must file a final accounting with the Register of Wills before closing the estate. Delaware […]
Read article →Do I Need to Open an Estate in Delaware to Pursue a Wrongful Death Claim After a Car Accident?
Disclaimer: This article provides general legal information and does not constitute legal advice. Always consult a qualified attorney for advice about your specific situation. Detailed Answer In Delaware, only a decedent’s personal representative may file a wrongful death lawsuit following a fatal car accident. Under 10 Del. C. § 3721, the executor named in a […]
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