How to Complete Delaware Intestate Succession Forms

When someone dies without a will in Delaware, their estate still needs to go through probate. The difference is that instead of following a will, the court follows Delaware's intestate succession laws. Filling out the probate court forms for an intestate estate is how you formally start that process. If you skip steps, leave blanks, or file in the wrong court, you can delay the estate settlement by weeks or even months. Getting the forms right the first time saves you time, money, and stress during an already difficult period.

What Does "Intestate Succession" Actually Mean?

Intestate succession is the legal process that determines who inherits a person's property when they die without a valid will. In Delaware, the state's intestacy statute lays out a specific order of inheritance. A surviving spouse, children, parents, or siblings may have a legal right to portions of the estate depending on who survives the deceased. If you want a full breakdown of how those inheritance rules work, who inherits under Delaware intestate succession laws explains the order in detail.

When Do You Need to File Intestate Probate Forms in Delaware?

You need to file intestate probate forms when someone who lived in Delaware dies without a will and left behind assets that require court supervision to transfer. This typically means bank accounts solely in the deceased's name, real estate, vehicles, or other titled property. Not every estate needs full probate administration. Small estates may qualify for simplified procedures. But for most intestate estates, filing with the Delaware Surrogate's Court is the starting point.

Which Court Handles Intestate Estates in Delaware?

In Delaware, the Register of Wills (also called the Surrogate's Court in some references) in the county where the deceased last lived handles probate filings. If the person lived in New Castle County, you file there. Sussex County residents file in Georgetown. Kent County filings go to Dover. Filing in the wrong county will cause the court to reject your forms.

What Forms Do You Need to File for a Delaware Intestate Estate?

The specific forms vary slightly by county, but most Delaware intestate probate filings include the following documents:

Petition for Letters of Administration This is the primary form that asks the court to appoint you as the estate's administrator.
Affidavit of No Will A sworn statement confirming that the deceased did not leave a valid will.
Oath of Administrator A form where you swear to faithfully carry out your duties as the estate's personal representative.
Inventory of Assets A list of the deceased's property, bank accounts, and other assets with estimated values.
Renunciation or Consent forms If other family members have a higher priority to serve as administrator, they may need to sign forms waiving their right.
Death certificate A certified copy is required. You can request one from the Delaware Division of Public Health.

The exact forms for each step are covered in more depth in this breakdown of Delaware Surrogate Court intestate estate administration forms.

How Do You Fill Out the Petition for Letters of Administration?

This is the most important form, and it's where most people run into trouble. Here's how to fill it out field by field:

Decedent's full legal name Use the name exactly as it appears on the death certificate. No nicknames.
Date of death Match the death certificate exactly.
County of residence The county where the deceased was living at the time of death. This determines which court has jurisdiction.
Your name and relationship Write your full legal name and your relationship to the deceased (e.g., "surviving spouse," "son," "daughter"). Delaware law gives priority to certain family members to serve as administrator, starting with the surviving spouse.
Whether the deceased left a will Check or write "No." This is the defining feature of an intestate filing.
Known heirs List all known heirs with their names, relationships, addresses, and ages. Include children from all relationships, not just the current marriage.
Estimated estate value Provide your best estimate of the total value of the estate's probate assets. This does not include jointly held property or assets with named beneficiaries like life insurance.

What About the Affidavit of No Will?

This form is usually short. You state under oath that you have searched the deceased's personal belongings, safe deposit boxes, and consulted with family members, and no will has been found. Sign it in front of a notary. Some counties require this to be filed alongside the petition; others accept it separately.

How Do You Handle the Spouse's Share on the Forms?

Delaware intestate law gives a surviving spouse a significant share, and in some cases the entire estate. When filling out forms, you need to identify the surviving spouse and any children from the marriage or from other relationships. If you're the surviving spouse filing the paperwork yourself, you may also need to complete additional intestate succession forms specific to surviving spouses. These forms address the spouse's elective share rights and any claims against the estate.

What Are the Most Common Mistakes on These Forms?

Errors on Delaware intestate probate forms are more frequent than you might expect. The most common problems include:

Listing incomplete heir information Leaving out half-siblings, children from prior relationships, or elderly parents. The court needs a complete family picture.
Using the wrong county Filing based on where the person died rather than where they lived.
Not getting forms notarized Several forms require notarization. Filing without it means the court sends everything back.
Underestimating or overestimating the estate value Wildly inaccurate values raise red flags and can delay approval.
Forgetting renunciations If someone with higher priority (like an adult child) doesn't want to serve as administrator, they need to sign a formal renunciation before you can be appointed.

For a complete list of pitfalls, see common mistakes when filing Delaware intestate succession probate forms.

What Happens After You Submit the Forms?

After filing, the Register of Wills reviews your paperwork. If everything is in order, the court issues Letters of Administration. This document gives you the legal authority to act on behalf of the estate open an estate bank account, collect assets, pay debts, and eventually distribute property to the heirs.

If the court finds errors or missing information, you'll receive a notice to correct and resubmit. This is why accuracy matters so much on the first filing.

Once appointed, you'll need to file an inventory of assets within a set timeframe (typically 90 days in Delaware), notify creditors, pay valid debts, and file a final accounting before distributing the remaining assets to heirs according to Delaware's intestate succession order.

Do You Need a Lawyer to Fill Out Intestate Probate Forms?

Delaware does not legally require you to hire an attorney for probate. Many people handle straightforward intestate estates on their own, especially when the family agrees on who should serve as administrator and there are no disputes about asset distribution.

That said, if the estate involves real property in multiple states, significant debts, business interests, or family disagreements, an experienced probate attorney can help you avoid costly errors. Even a one-time consultation to review your completed forms before filing can be worth the cost.

Practical Checklist Before You File

Obtain at least five certified copies of the death certificate.
Confirm which county the deceased resided in at the time of death.
Get the correct forms from the Register of Wills in that county (many are available online).
Gather the full names, addresses, dates of birth, and relationships of all known heirs.
Prepare a preliminary list of assets with estimated values.
Get renunciation forms signed by anyone with higher priority to serve as administrator.
Have all required forms notarized before submission.
Make copies of every form for your personal records before filing.
Bring payment for the filing fee (varies by county and estate size).
Review every field twice blank fields and typos are the top reasons courts reject filings.

Taking the time to gather everything before you sit down with the forms will make the actual process of filling them out far less frustrating. If you need more detail on the complete filing process, the step-by-step instructions for filling out Delaware intestate succession probate court forms walk through each document in order.