How to Verify and Probate an Old Will Discovered Decades After Execution in DE
Detailed Answer Under Delaware law, you can probate a will even if it surfaces decades after execution. The process requires validating authenticity, filing a petition with the Register of Wills, and proving due execution. Follow these steps: Confirm authenticity: Locate the original document and any attesting witnesses or secondary evidence. Delaware courts allow secondary proof […]
Read article →Which court or county office handles estate administration and unclaimed property claims in Delaware?
Detailed Answer Estate Administration in Delaware In Delaware, probate and estate administration occur through the Register of Wills in each county. The Register of Wills oversees the probate process, issues letters testamentary and letters of administration, and maintains estate records. To begin, file the decedents will and a petition for probate in the county where […]
Read article →What steps are required to open an estate proceeding when no probate case exists? (DE)
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. […]
Read article →How to Determine if a Probate Estate Has Been Opened for a Decedent in Delaware
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer 1. Understand Delaware’s Probate System In Delaware, the Register of Wills in each county handles probate matters. A probate estate opens when someone files a petition with the Register of Wills under the authority granted by Delaware Code Title […]
Read article →What documentation is required to apply for letters of administration in Delaware?
Detailed Answer When a person dies without a valid will or without naming an executor, Delaware law requires a court-appointed administrator to handle the estate. The court issues letters of administration to authorize that person to collect assets, pay debts, and distribute property under Delaware’s intestacy rules (12 Del. C. § 901 et seq.). Under […]
Read article →What Information Is Needed to Request Estate Files from a Delaware County Probate Division
Detailed Answer In Delaware, estate files (also called probate or Orphans’ Court records) are public records maintained by the Register of Wills or the Orphans’ Court in each county. You can request copies of wills, inventories, accounts, petitions, orders, and other documents after a person’s death. Follow these steps to gather the right information and […]
Read article →What Steps Are Required to Transfer an Out-of-State Property Interest When All Heirs Agree in Delaware?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When a Delaware resident dies owning an interest in property located in another state, that interest generally must pass through the probate system where the property sits. However, if all heirs agree and the asset qualifies under the foreign […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Delaware
Detailed Answer 1. Overview of Subpoenas in Delaware A subpoena duces tecum compels production of documents or records in legal proceedings. In Delaware, you use a court-ordered subpoena under Superior Court Rule 45 or Court of Chancery Rule 45. These rules mirror Federal Rule of Civil Procedure 45 and authorize a court clerk to issue […]
Read article →What Authorization Forms Must an Heir Sign to Direct Distribution of Real Property Sale Proceeds in DE?
Detailed Answer When a decedent’s real property in Delaware sells, the proceeds pass through the estate’s probate or small-estate process. Which forms an heir must sign depends on whether the estate qualifies as a small estate or requires formal administration. 1. Small Estate Affidavit (12 Del. C. § 1912) If the entire estate—personal property plus […]
Read article →How to distinguish assets belonging to a deceased person’s estate from those held by a corporation in Delaware
Detailed Answer Under Delaware law, a corporation is a separate legal entity from individuals, including family members. When a person dies, their estate consists of all assets owned by the decedent in their individual capacity. Conversely, assets held by a family member’s corporation belong to that corporate entity, not the decedent’s estate. The personal representative […]
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