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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.
How to Avoid Probate in Delaware? Assets under a living trust get passed on to the designated beneficiaries automatically without going through probate. Avoiding court and lawyer fees, taxes, and other costs amidst a great expense of time and effort.
These documents, called either LETTERS TESTAMENTARY (for an executor) or LETTERS OF ADMINISTRATION (for an administrator), are obtained through the Register of Wills in the county in which the DECEDENT (the deceased person) lived at the time of death.
(a) If a will of a domiciliary or nondomiciliary decedent is admitted to probate in ance with this title, letters testamentary shall be granted by the Register of Wills of the county in which the decedent was domiciled, or in the case of a nondomiciliary in which the decedent owned real or personal property, to ...
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 ...
The presence or absence of a valid will after death does not determine whether an estate must be opened. 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.