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Delaware probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
Knowing where the decedent's domicile (where the decedent had his or her primary residence) was at date of death is key when figuring out where you must probate the assets and what state you must pay taxes to (although real estate is subject to state estate or inheritance tax, if any, in the state in which it's located ...
A common question asked by many involved in this process is, "How long does probate take?" In Delaware, the length of the probate process can range from several months to a few years, depending on a variety of factors such as the size and complexity of the estate, whether there is a will, and the efficiency of the ...
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.
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.
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.
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.
A Delaware small estate affidavit is a legal document that enables an heir or beneficiary of a will to collect property that formerly belonged to a person who has died, known as a decedent. For example, it allows a person to claim ownership from a person's estate if they have a boat, ATV, or motor vehicle.