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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.
Despite the lack of statutory guidance on executor fees in Delaware, the general consensus among legal professionals is that an executor can expect to receive about 2-5% of the estate's value. However, this percentage can fluctuate based on the specifics of the estate and the executor's responsibilities.
No. You can make your own will in Delaware, using Nolo's Quicken WillMaker & Trust.
The Will must be witnessed by two or more credible witnesses, who subscribe their names in the presence of the maker. In Delaware, a beneficiary to the Will may be a witness although in some states this is not allowed.
Simple estates might be settled within six months. Complex estates, those with a lot of assets or assets that are complex or hard to value can take several years to settle. If an estate tax return is required, the estate might not be closed until the IRS indicates its acceptance of the estate tax return.
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 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 ...
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 ...