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Who Has To Do Probate in Delaware

Who has to be the executor or personal administrator in Delaware?

Who Has To Do Probate in Delaware
Video Transcription

So, who exactly has to do probate and who’s in charge of being the executor, as they call it? In Delaware, the personal administrator of the estate, well, you have 60 days after the estate is open to, someone can file to be a personal administrator. The court has a very finite list of people who are allowed to do this within 60 days including siblings, heirs, spouses, parents, next of kin that are allowed to file within the first 60 days.

If none of these people on the list do it within 60 days, then anyone can file to be a personal representative of the estate, but then the court will look at if they’re able to do so, what benefit they have in the estate, how did they connected with the person who passed away, etc., etc.

So just keep that in mind. If no one files for the estate at all, then the court will choose someone or appoint someone to be a personal representative.

So, hope that clears it up and if you have any questions, you can give us a call anytime. As you know, this is our website. My name is Tim Oppelt, owner of Opp Real Estate where Happy to give you any attorney referrals, or explain the process, no obligation even if you’re not ready to sell property yet, that’s perfectly fine. We’re just happy to help our local community in Delaware here. I’m walking through Bear, Delaware right now. So, give us a call and we’d be happy to help you. Thanks, bye.

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