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Except where circumstances justify a longer period, an executor or administrator shall have 1 year from the date of letters for settling the estate of the decedent; and until the expiration of that time, the executor or administrator shall not be required to make distribution, nor be chargeable with interest upon the
1.4. Are your records available to the general public ? Wills and probate records of deceased individuals are public records and may be reviewed in the office in which they were filed.
The Register of Wills Office assists families and attorneys in obtaining the necessary documents to transfer the assets of a deceased person. It is the county probate office and is a branch of the Delaware Chancery Court.
A Will becomes a public document if after your death, your Estate requires Probate. The term probate is the legal process of dealing with an estate. A Grant of Probate is required before the estate can be dealt with.
Key Takeaways. Wills only become public records after theyve been filed with a probate court. Getting a copy of a will after probate has begun is simple and possible for anyone. Heirs and beneficiaries usually are entitled to a copy of the will, even if it hasnt been filed with the court.
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While the testator is still alive, with limited exceptions, nobody other than the testator is entitled to receive a copy of the will. The will remains a private document following the testators death until probate is granted.
You can also visit the Register of Wills Office to make your own copies or call us at 302-395-7800. 16. Who can get copies from an estate file? Once a will is filed for a decedent, it becomes public record.
In other words, an executors powers arise from the will and not from the grant of probate. Therefore, a sole executor or, where there is more than one executor, all executors jointly, subject to adequate verification of identity, are entitled to the original will from the date of death.
Send a written request to the executors of the will So, the first thing to do is ask them! If youre a residuary beneficiary (that is, someone who will inherit whats left of the estate once all the specific gifts have been given) the executors will usually follow through on a written request to see the will.
Get copies of the will Any other executors named in the will must also confirm they are happy for you to have a copy. Making copies of the will is always advisable for the co-executors and other beneficiaries. This also means you can keep the original document in a safe place.

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