Get a Secure Inheritance Loan, usually within 72 Hrs if you’re an Heir or Beneficiary of an Estate in Delaware, in Probate or Trust
If you are currently dealing with, or about to deal with, the Delaware state court system with respect to a probate or estate issue – the following information should be helpful to you.
Probate law governs estate matters when someone who, such as a family member or other loved one, passes away. These laws insure that creditors are paid properly and that assets are distributed correctly to the “heirs,” or the descendant(s) of the estate.
What is the purpose of Probate? Probate is the legal process that deals with estate assets and property, with regard to heirs and creditors. Probate begins with a “petition” to open the estate and name a personal representative who is responsible for the administration of the deceased’s property.
The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
Delaware Probate Law
One important point regarding probate law in Delaware is the right of election, concerning the surviving spouse during the probate process. This determines the amount of the estate, as well as the assets the surviving spouse will receive.
During the probate process in the state of Delaware, the personal representative is responsible for the management of debts owed to the decedent, as well as debts owed by the estate to creditors.
There are critical deadlines during the probate process that Delaware probate law requires of everyone involved in Delaware probate processes. If these deadlines are missed, the probate case will experience delays, and possibly harm certain key actions (for example, claims for and against the estate). Moreover, Delaware probate process adheres strictly to the principles set forth by the state of Delaware.
Another critical issue your probate lawyer will have to contend with when dealing with Delaware probate matters, is the manner in which debts owed to the decedent are handled. If a decedent is owed, the intestate share of the debtor is charged, according to probate law in this state. However, if the debtor passes away before the decedent does, probate law in Delaware dictates that the debt is not taken into account.
Your probate attorney will have a complete grasp of the Delaware probate code, and will know how to respond to, and deal with, all of the specific terms defined in the Statutes.
Probate in Delaware
The Court of Chancery handles probate matters, including estate, real property rights, and mental health. The court allows no jury trials. Delaware has a separate family court that handles juvenile matters and does not allow jury trials.