Legal Last Will and Testament Form for a Single Person with Minor Children - Delaware 2025

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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.
The process of preparing a will can be divided into seven key steps: Compile a list of your assets and debts. Choose an individual to act as the executor of your will. Determine who will be the beneficiaries of your estate. Decide on guardians for any minor children. Write the will, detailing your decisions.
Intestate Succession: Spouses and Children Spouse inherits gets first $50,000, then the estate, plus lifetime use of real estate. Children get the other . spouse gets of your intestate assets, plus the right to use any real estate for life. Children get everything else.
In Delaware, an estate must be probated if (i) the deceased owned more than $30,000 in personal property in his/her name alone; OR (ii) the deceased owned real property in his/her name alone (either solely held or as a tenant in common).
It is only necessary in CA for a person to have a Will in place if they have assets in their name that they would like to devise to their heirs.
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Immediate steps to take if your loved one did not have a will Choose someone to take charge. Compile a list of their assets and debts. Compile a list of all living relatives. Get copies of the death certificate. Petition for probate. Publish a notice of petition to administer the estate. Consider consulting a lawyer.
If the person did not have a will or trust, often a close relative will handle any probate. If the person was married when they died, their spouse is often the person. Or, if they have adult children, then an adult child.
Any person of the age of 18 years, or upwards, of sound and disposing mind and memory, may make a will of real and personal estate. No person under the age of 18 years shall be capable of making a will either of real or personal estate. Code 1852, 1644; 14 Del.

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