Tim here with Opp Real Estate. You may be wondering how to apply for probate to be opened in Delaware. First if the person passing away had assets at least of $30,000 or they had property in their name solely or as a tenant in common then the estate has to be filed whether there’s a will or not.
Second thing, it has to file in the same county of which they passed away and were residing … the same county where they resided in. Okay? So if they lived in Wilmington or New Castle then they would have to file in New Castle county. If, let’s say, they lived Dover then it would be Kent country, let’s say they were in Rehoboth then it would be Sussex county. It just depends on the residence they lived which county to file out.
From there once you file to become an executor or minister to the estate then the court will grant you letters of administration to the executor of next of kin. Once that has been granted then the estate has been officially opened.
If you have run into this situation and need some assistance or have a property that needs to be sold we work with estate owners and probate situations all the time. The majority of stuff we do is really those situations so we have a lot of experience doing it. I will say, talk to an attorney of course if you want to get the specific legal and maybe more solid legal answer on that front but we’re always happy to answer any questions you have so give us a call. Again this is Tim with Opp Real Estate and I look forward to hearing from you. Thanks.