Managing a loved one’s estate can feel demanding while you are also coping with the loss. A missed deadline or incomplete record may slow Delaware probate and delay transferring money or property to family members and other beneficiaries. Knowing where problems often arise can help you stay organized.
The state has Register of Wills offices in New Castle, Kent and Sussex counties. Probate generally takes place in the county where your loved one had their legal home.
Watch for these four common mistakes:
1. Delaying delivery of the original will
If you have the original will, whether or not you are the named executor or a family member, state law requires you to deliver it within 10 days after learning of the death. You must deliver it to the Register of Wills in the county where you live, which may differ from the county handling probate. Locating the document early can help prevent the probate process from starting late.
2. Missing the estate inventory deadline
After the Register of Wills officially appoints you to handle the estate, you generally have three months to file a detailed list of its property and value. Mark the date your authority begins on your calendar and promptly gather information about property, debts and other assets.
3. Overlooking creditor notices and claims
The Register of Wills generally arranges a notice telling creditors about the estate and when to submit claims after granting authority and may require publication costs in advance. Most creditors with debts or payment demands that existed before your loved one died must submit them within eight months after the death. Review these debts before giving the remaining estate property to beneficiaries.
4. Keeping incomplete financial records
Delaware generally requires you to file a financial report each year showing what the estate received, paid and distributed. This continues until the estate closes and the court approves the final report. Keep receipts, invoices, bank statements and proof of every payment or distribution. A separate estate account may make transactions easier to track.
Keep probate deadlines within reach
A calendar and organized estate file can help you prepare each required filing without searching for documents later. Because questions about taxes, unpaid debts or who owns particular property may affect the process, professional guidance can help you identify requirements that apply to the estate.