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What Is The Probate Process in Delaware?

What is the probate process in Delaware?

What Is The Probate Process in Delaware?
Video Transcription

Speaker 1: So, what exactly is the probate process in Delaware? Well, first you have 10 days to open the estate after the person’s passing. Okay? The person is appointed by the court. It’s usually an heir. If there are no heirs, then anyone may file to be a personal representative of the court. It’s up to the court to decide whether to accept that or not. The executor has to go to the Register of Wills to petition the court. Okay?

All the assets have to be accounted for. It’s called an inventory filing. It has to be made with the county within one year of the estate being open. You have one year to get all the assets together. The creditors also have eight months to file a claim in Delaware. So, after eight months is when you can actually close the estate. It cannot be closed for at least a minimum of eight months. Okay?

After that, you can … All the creditors have been paid, all the claims have been made, and everything’s been taken care of. You can close the estate. Again, it’s a minimum of eight months. And there’s usually a closure fee, and may or not be tax implications as well.

So, hope that helps. Again, I would consult an attorney as well if you have any questions. We’re going off of our experience and what we know in Delaware for what is the probate process in Delaware. So, if you have any other questions, feel free to reach out to us. This is OPP Real Estate. Thanks.

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