Create a Fillable Form Legal Delaware Small Estates Forms For Free

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 general, executors and administrators have one year from the date of their appointment to distribute the estate to beneficiaries. That said, many estates are complex and cannot be settled within a one-year timeframe.

If it seems like the executor is not doing their job, an attorney may be able to help you address the matter. Court orders can be issued to make an executor do their job and maintain transparency. An executor who ignores such orders could be removed from the position.

If the deceased's assets are less than $30,000, and there is no real estate in his/her name alone, the Register of Wills Office issues a Small Estate Affidavit to transfer the assets of your loved one.

First, you need to wait 30 days from the date of death. After that period, you may come into the Register of Wills office to petition for the small estate affidavit. You will need to bring a CERTIFIED copy of the death certificate and your picture I.D. (preferably a valid driver's license).

A Will written entirely in the Testator's handwriting (a Holographic Will) is valid in Delaware if the other requirements are met. 3. The Will must be signed by the maker or signed by a person writing the maker's name in his or her presence and at the maker's direction; 4.

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).

If you die with a surviving spouse and with children with someone other than that spouse, the spouse gets ½ of your intestate assets, plus the right to use any intestate real estate for life. Your children get everything else. If you die with children but no surviving spouse, your children inherit everything.

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 ...