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The Register of Wills Office assists families and attorneys in obtaining the necessary documents to transfer the assets of a deceased person. It is the county probate office and is a branch of the Delaware Chancery Court.
The maker must be at least 18 years of age and of sound and disposing mind and memory; 2. The Will must be in writing. A Will written entirely in the Testator's handwriting (a Holographic Will) is valid in Delaware if the other requirements are met.
Estate records from January 20, 1950 to the present can be found in the Delaware County Probate Court. Some of the records are on On-Base (since 2003), some can be located on microfiche and some are on microfilm. Records prior to January 20, 1950 will be located at the Records Center.
After the maker dies, it is the legal duty of any person in possession of any document that might be a Will to deliver it to the Register of Wills within ten (10) days after receiving notice of the maker's death.
Once a will is filed for a decedent, it becomes public record. Therefore, anyone can get copies or review files in our office. However, we only have information on people who were domiciled in New Castle County at the time of their death.
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.
4 essential estate planning documents A will distributes assets upon death. A power of attorney manages finances. Advance care directives manage your health. A living trust is an alternative to a last will.
Some of the strategic ways you can avoid probate include: Titling securities and vehicles with Transfer on Death (TOD) registrations. Opening accounts and policies with Payable on Death (POD) designations. Setting up and fund a Living Trust.