Probate in Delaware | DE Legal Resources | FastCounsel

Can I Seek Reimbursement from an Estate for a Funeral Bill in Delaware?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation. Detailed Answer Under Delaware law, funeral expenses are granted priority status as claims against a decedent’s estate. If you have paid funeral costs out of pocket, you may file a claim with the […]

Read article →

How Can an Administrator Verify That the Payment Fully Satisfied the Outstanding Vehicle Loan in Delaware?

Detailed Answer Under Delaware law, an administrator can confirm that a vehicle loan is fully satisfied by following a clear, three-step process: obtain payoff documentation, verify lien release on the vehicle title, and review Uniform Commercial Code (UCC) records. 1. Obtain a Written Payoff Statement Request a written payoff statement from the lender or finance […]

Read article →

How Can a Client Obtain Appointment as Administrator in Delaware When a Higher-Priority Heir Exists?

Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer Under Delaware law, the court appoints an administrator according to a priority list of heirs outlined in 12 Del. C. § 3911 (delcode.delaware.gov/title12/c039/index.html#3911). If a higher-priority heir exists, the following steps can help a client seek appointment: Review the priority […]

Read article →

What is the process and timeline for applying to become the personal representative of an estate in Delaware?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Delaware law, a personal representative (called an executor if named in a will) oversees the administration of a decedent’s estate. The application process and timeline include the following steps: Locate and Review the Will (if applicable): If the […]

Read article →

How can a guardian or guardian ad litem be appointed to manage a minor’s interest in an estate in Delaware?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Delaware law, a minor cannot directly manage property or inheritance. The Orphans’ Court supervises the appointment of a guardian or guardian ad litem to protect a minor’s estate interest. These procedures appear in Title 12, Chapter 39 of […]

Read article →

Steps to Protect a Minor’s Inheritance in Delaware When There’s No Will

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney licensed in Delaware to discuss your specific situation. Detailed Answer When someone dies without a will in Delaware (12 Del. C. Chapter 2, Subchapter II), the state’s intestate succession rules determine who inherits. If the decedent leaves […]

Read article →

What mechanisms ensure the administrator complies with estate duties and bond requirements in Delaware?

Detailed Answer When someone dies, Delaware’s Register of Wills appoints an administrator to manage the estate when there’s no valid will. To protect beneficiaries and creditors, Delaware law builds in multiple checks on administrators. Key mechanisms include: Required Bond: Under 12 Del. C. § 1911 (Bond of Fiduciaries), the administrator must post a bond—often with […]

Read article →

Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in DE?

Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Under Delaware law, a personal representative (formerly called an executor or administrator) is entitled to statutory commissions based on the value of estate assets and sale proceeds coming into […]

Read article →

What steps are required to locate, inventory, and distribute estate assets and settle debts? Delaware

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances. Detailed Answer In Delaware, administering an estate involves formal probate, asset management, creditor claims, and final distribution. Below are the core steps: File the Will and Open Probate: The personal representative (executor) […]

Read article →

How Do Delaware Intestacy Rules Apply If No Valid Will Is Found?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When someone dies without a valid will in Delaware, the court distributes assets under Delaware’s intestate succession laws (12 Del. C. Chapter 1). These rules determine who inherits the estate in a specific order. Definition of Intestacy Intestacy occurs […]

Read article →