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Commonly Asked Questions about Delaware Probate Court Forms

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. The decedent owned Delaware real estate in his/her name alone, either solely held or as a tenant in common.
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.
Opening the estate: To officially begin the probate process, one must file a petition to open the estate with the Register of Wills in the deceaseds county. This step usually happens within 30 days of the decedents death.
What happens if I die without a will? If you die without a will or your will is rejected, your estate is considered to be intestate. Intestate estates are divided among the decedents spouse and other heirs ing to Delawares laws.
By written direction signed by the maker and witnessed by at least two witnesses. Certain events modify the effect of a Will without a person having to make any actual change to the document.