Barbara Snapp Danberg, Partner, Michele L. Muldoon, Partner, and Nicholas M. Tyler, Attorney, have authored a comprehensive Q&A guide on Delaware probate law for Practical Law, a legal research platform published by Thomson Reuters.
The guide is stated as of March 2, 2026, and is designed as a practical reference for attorneys handling estate administration matters in Delaware. It addresses 20 key questions attorneys commonly encounter in probate matters and is organized to walk practitioners through each stage of the process.
The main topic areas include:
Key Statutes & Jurisdiction — the governing laws (Title 12 of the Delaware Code, Court of Chancery Rules) and the role of each county’s Register of Wills.
Types of Proceedings — formal administration (estates over $30,000 or with real property), small estate administration (under $30,000, no real property), and ancillary administration for non-Delaware residents with Delaware assets.
Opening the Estate — e-filing requirements, handling original wills, documents required for the initial filing, and who can petition to open an estate.
Appointing a Fiduciary — qualification requirements, priority order for appointment, bond requirements, and compensation for personal representatives and attorneys.
Administering the Estate — fiduciary duties, inventory requirements, real property handling, creditor notification and claims, and tax filing deadlines.
Closing the Estate — the accounting process, beneficiary notice, waivers, discharge of the personal representative, costs, and typical timelines.
Miscellaneous Proceedings — small estate affidavits, ancillary administration procedures, and what probate requirements can be waived by will.
By contributing to a nationally recognized legal research platform, the BMF authors help ensure that attorneys across jurisdictions have access to reliable, up-to-date guidance on Delaware estate administration.
Read the full guide here: https://lawbmf.com/practical-law-qa-guide-to-delaware-probate-administration/
Loading...