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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.
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.
If you die without a will in Delaware, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married, and whether they are also your spouse's children.
The Will must be witnessed by two or more credible adult witnesses in whose presence the maker signed the Will. (In Delaware a beneficiary to the Will may be a witness although in some states this is not allowed.) 5. Notarization of all signatures is optional, but recommended (see p.
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 ...
In Delaware, the following assets are subject to probate: Solely-owned property: Any asset that was solely owned by the deceased person with no designated beneficiary is subject to probate. This could include bank accounts, cars, houses, personal belongings, and business interests.
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 ...