Probate in Delaware | DE Legal Resources | FastCounsel

Avoiding Probate in Delaware: Using Wills, Beneficiary Designations, Joint Ownership, and Trusts

Using Wills and Beneficiary Designations to Avoid Probate in Delaware: A Practical FAQ This FAQ explains common ways people use wills, beneficiary designations, joint ownership, and trusts to try to keep assets out of probate in Delaware. It uses simple, hypothetical examples and plain language so you can decide what steps to take next. This […]

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Buying Out Siblings’ Interests in a Delaware Property — What to Know

Disclaimer: This is general information only and not legal advice. For guidance about your specific situation under Delaware law, consult a licensed Delaware attorney. Detailed Answer This section explains how someone can keep a family property in Delaware by buying out co-owners (for example, siblings) rather than selling the property. The steps below assume the […]

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Delaware: Recovering Funds Wrongfully Withdrawn from a Deceased Parent’s Accounts

Detailed Answer — How Delaware law treats money taken from a deceased parent's accounts When a person dies, most assets that were only in that person's name become part of the decedent's estate and must be collected and distributed by the personal representative (executor or administrator) through probate. If an heir withdraws money from the […]

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Delaware: How to Buy Out Siblings’ Shares in a Parent’s House Instead of a Probate Sale

Buying out co-heirs’ shares in a parent’s home under Delaware law: a clear, step-by-step FAQ Detailed Answer This answer explains the common steps you’ll follow in Delaware when you want to keep a parent’s house by buying your siblings’ shares rather than having the property sold through estate administration or a court-ordered sale. It assumes […]

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Requesting a Guardian ad Litem for Minor Heirs Before Selling Inherited Land — Delaware

Short answer Detailed Answer — What Delaware law allows and how the court protects minor heirs Yes. Under Delaware practice, you can ask a court to appoint a guardian ad litem (GAL) to protect the legal and financial interests of minor heirs before selling inherited real estate. Courts commonly appoint a GAL or other protective […]

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What to Include When Filing a Year's (Family) Allowance Petition in Delaware

Filing a Year's (Family) Allowance Petition in Delaware: What to Include This FAQ-style guide explains what you should include when you ask Delaware probate court for a year's allowance (also called a family allowance) after someone dies. It assumes you start with little or no legal knowledge. This is educational information only and not legal […]

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Handling a Mother's Estate in Delaware: Step-by-Step FAQ

How to handle your mother's estate in Delaware: a clear step-by-step FAQ Short answer: Immediately secure your mother’s important documents and property, obtain certified death certificates, determine whether there is a valid will, contact the local probate office to start administration if needed, notify creditors and beneficiaries, inventory and value assets, pay debts and taxes, […]

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How to Switch to a Small‑Estate Process in Delaware

When and How to Switch to Delaware’s Small-Estates Process This FAQ-style guide explains, under Delaware law, what to do if you want to move a probate or administration matter into a small‑estate track after encountering limits on allowances or distributions elsewhere. This is educational information only and not legal advice. Detailed Answer — Can you […]

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Delaware: Paying Back Taxes on Inherited Land When Not on the Deed — What Happens

Detailed Answer This section explains what typically happens under Delaware law when someone pays delinquent property taxes on land but is not the recorded owner. The short answer: paying the taxes usually protects the property from a tax sale and may create a right to seek reimbursement or other equitable relief, but it does not […]

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How to Identify Heirs and Property Ownership After a Grandparent’s Death — Delaware

Finding the Rightful Heirs and Determining Property Ownership After a Grandparent’s Death in Delaware Detailed Answer — How to identify heirs and who owns the property When a grandparent dies, two separate questions matter: (1) who legally inherits (the rightful heirs), and (2) who now owns any real property. In Delaware, the answer depends on […]

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