Add Pages Legal Delaware Small Estates Forms For Free

The Will must be in writing and signed by the maker or signed by a person subscribing to maker's name in his or her presence and at the maker's direction; The Will must be witnessed by two or more credible witnesses, who subscribe their names in the presence of the maker.

Except where circumstances justify a longer period, an executor or administrator shall have 1 year from the date of letters for settling the estate of the decedent; and until the expiration of that time, the executor or administrator shall not be required to make distribution, nor be chargeable with interest upon the ...

An estate needs to be probated in the county where the decedent resided. The presence or absence of a valid will after death does not determine whether an estate must be opened.

A small estate affidavit is a document issued by the Register of Wills office. It allows you to take possession of a deceased person's solely owned personal property, provided that these assets are less than $30,000 and there is no real estate.

The estate's value: In Delaware, if the estate is more than $30,000, it must go through the complete probate process, including filing an inventory with the Register of Wills.

Notary: Delaware does not require a testator to use a notary public to make it valid. However, you may use an optional self-proving affidavit requiring a notary's signature. Self-Proving Affidavit: Delaware allows you to add an affidavit to your will to make it self-proving.

In Delaware, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

Whenever there is a death in New Castle County, an estate must be probated if: The decedent had more than $30,000 in personal property in his/her name alone, or. The decedent owned Delaware real estate in his/her name alone, either solely held or as a tenant in common.

In Delaware, the average cost of a will ranges from $200 to $1,000, based on the attorney's fees and estate complexity. The average cost for a trust in Delaware typically ranges from $1,000 to $3,000, with more complex trusts potentially costing more.