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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.
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 person receiving such written notice who wishes to contest the will shall file a proceeding in the Court of Chancery no later than 120 days following receipt of such notice.
A Letter of Testamentary is a document granted to the Executor of an estate by the probate court. This document gives the Executor the authority he or she will need to formally act on behalf of the decedent. It gives the right to handle financial and other affairs related to closing out the estate.
When you're a personal representative for the estate. If you're the executor, administrator, or personal representative for your loved one's estate, this does not make you responsible for paying the debt with your own money (unless the debt is also yours).
In Delaware, creditors have a window of eight months from the date of death to make claims against the estate for any debts owed. Paying Debts and Taxes: The executor must then pay off any valid claims from the estate's assets and settle any final income taxes or estate taxes owed.
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 ...
Delaware Statute of Limitations These limitations in Delaware are: 4 years: Open accounts (credit cards) 3 years: Written contracts. 6 years: Promissory notes.