If you've been named as an executor or personal representative of an estate in Delaware, filling out the estate inventory form is one of the first serious tasks on your plate. Get it wrong, and you could face court objections, delays, or even personal liability. Get it right, and you set the stage for a smoother probate process from start to finish. This guide walks you through exactly how to fill out the estate inventory form in Delaware probate court step by step, section by section so you can file with confidence and avoid the pitfalls that trip up many first-time executors.
What Is the Delaware Estate Inventory Form?
The estate inventory form is a legal document filed with the Delaware Register of Wills (or the Court of Chancery, depending on the type of administration). It lists every asset the deceased person owned at the time of death, along with the fair market value of each asset as of the date of death. This isn't a casual list it's a sworn accounting that becomes part of the official probate record.
The form is separate from the estate accounting, which comes later and covers how assets were managed and distributed. If you're unsure about the difference between these two filings, our breakdown of estate accounting versus estate inventory can help clarify.
When Does the Inventory Need to Be Filed?
Under Delaware probate law, the personal representative typically must file the inventory within three months of being appointed. Missing this deadline can lead to court sanctions or removal from the role. The exact filing timeline depends on the type of estate administration and any extensions granted by the court. You can read more about specific filing deadlines for Delaware probate court to make sure you don't fall behind schedule.
What Information Goes on the Form?
The Delaware estate inventory form is organized into categories. Here's what each section typically requires:
Real Property
List every piece of real estate the decedent owned homes, land, commercial buildings, timeshares, and any fractional interests in property. For each item, include:
- The property address and legal description
- How the property was held (sole ownership, joint tenancy, tenants in common, etc.)
- The fair market value as of the date of death
- Any outstanding mortgage balance (shown as a lien, not subtracted from value)
Use a recent appraisal, tax assessment, or comparable sales data to determine fair market value. Don't guess. If the estate holds real property in multiple states, only report the Delaware property on this form out-of-state property may require ancillary probate.
Personal Property
This covers everything the decedent owned that isn't real estate:
- Bank accounts: Checking, savings, CDs, money market accounts. List the financial institution, account number, and balance on the date of death.
- Investment accounts: Brokerage accounts, stocks, bonds, mutual funds. Report the value as of the date of death, not current value.
- Retirement accounts: IRAs, 401(k)s, pensions. List these even if they have a named beneficiary the court wants a full picture.
- Life insurance: Include policies payable to the estate. Policies with named beneficiaries outside the estate may or may not need to be listed depending on the situation.
- Vehicles: Cars, boats, RVs, motorcycles. Include make, model, year, VIN, and estimated value.
- Household items and personal effects: Furniture, jewelry, art, collectibles, electronics. These don't need to be itemized one by one in most cases you can group them by category with an estimated total value.
- Business interests: Ownership in LLCs, partnerships, sole proprietorships, or closely held corporations.
- Money owed to the decedent: Outstanding loans, tax refunds, pending legal settlements, or any other receivables.
Liabilities and Encumbrances
While the primary focus is on assets, the form may also ask you to list known debts, liens, mortgages, and other encumbrances against the estate. This gives the court a net picture of the estate's value.
How Do You Determine Fair Market Value?
Fair market value means the price the property would sell for on the open market between a willing buyer and a willing seller not what the decedent paid for it, not what you think it's "worth" to family members, and not the insurance replacement value.
For bank and financial accounts, the date-of-death balance from statements works. For real estate, get an appraisal or use a credible valuation method. For vehicles, check Kelley Blue Book or NADA guides. For personal property like jewelry or art, a professional appraisal is the safest route, especially for high-value items.
Step-by-Step: How to Fill Out the Form
- Get the correct form. Obtain the estate inventory form from the Register of Wills office in the county where the estate is being probated. Some counties may have their own version.
- Fill in the header information. Include the decedent's full name, date of death, case number, your name as personal representative, and the date of your appointment.
- Gather all documents first. Before writing anything on the form, collect bank statements, deeds, vehicle titles, brokerage statements, insurance policies, appraisals, and any other records that show what the decedent owned.
- List assets by category. Work through each section of the form methodically. Start with real property, then move to financial accounts, investments, vehicles, personal property, and any other assets.
- Enter date-of-death values. Use the fair market value as of the exact date the decedent passed away not the current value.
- Note how assets are held. Joint tenancy with right of survivorship, tenants in common, trust-owned, or individually owned this matters because it affects whether the asset actually passes through probate.
- List liens and encumbrances. Mortgages, car loans, tax liens, and other secured debts should be noted in the appropriate section.
- Review for completeness. Double-check that every asset you've discovered is listed. Missing assets can cause legal problems down the road.
- Sign and swear to accuracy. The inventory is a sworn statement. You'll need to sign it, often in front of a notary, affirming that everything is true and complete to the best of your knowledge.
- File with the Register of Wills. Submit the completed form to the appropriate office before the deadline. Keep a copy for your records.
For a deeper look at the full process, our step-by-step walkthrough of the Delaware estate inventory form covers additional details and form-specific instructions.
What Are the Most Common Mistakes?
Plenty of well-meaning executors make errors on the inventory form some minor, some that cause real legal headaches:
- Using current values instead of date-of-death values. The stock market changes daily. Real estate fluctuates. Use the value on the exact date of death, not today's value.
- Omitting jointly held assets. Even if you believe joint property passes automatically by operation of law, list it. The court needs the full picture.
- Forgetting digital assets. Cryptocurrency, online payment accounts (PayPal, Venmo), digital music or book libraries with resale value, and domain names are all assets.
- Not listing contingent interests. If the decedent was due to inherit from someone else's estate but that estate hasn't been settled yet, that contingent interest should be listed.
- Grouping everything under "miscellaneous." Courts want specificity. "Miscellaneous personal property $5,000" won't satisfy most Registers of Wills.
- Failing to get appraisals for high-value items. A painting "worth $50,000" based on a family guess is a liability waiting to happen.
Our article on common mistakes on Delaware estate inventory forms goes deeper into each of these and how to avoid them.
Do You Need a Lawyer or Appraiser?
Delaware law doesn't technically require you to hire a lawyer to prepare the inventory, but many personal representatives benefit from legal counsel especially for estates with business interests, out-of-state property, contested assets, or unclear ownership structures. An experienced probate attorney can help you categorize assets correctly and avoid reporting errors.
For appraisals, you should hire a licensed appraiser for any asset where fair market value isn't obvious from a statement or public record. Real estate, jewelry, art, antiques, and collectibles almost always warrant a professional appraisal.
What Happens After You File?
Once the inventory is filed, it becomes part of the probate record. Interested parties heirs, beneficiaries, creditors can review it. If someone believes the inventory is incomplete or inaccurate, they can file an objection with the court. The Register of Wills may also ask for supplemental information.
After the inventory, the next major filing is the estate accounting, which tracks how the personal representative managed and distributed assets. Delaware has specific rules about estate accounting requirements for personal representatives, and staying on top of both filings protects you from personal liability.
Checklist Before You File
- ☐ Collected all bank, brokerage, and retirement account statements (dated as of date of death)
- ☐ Located deeds, titles, and mortgage documents for all real property
- ☐ Obtained appraisals for real estate, jewelry, art, and other high-value personal property
- ☐ Checked for digital assets: cryptocurrency wallets, online payment accounts, digital media
- ☐ Identified all jointly held property and noted how each is held
- ☐ Listed all known debts, liens, and encumbrances against the estate
- ☐ Used fair market value as of the date of death not current value
- ☐ Reviewed the form for completeness and accuracy
- ☐ Signed and notarized the inventory
- ☐ Filed with the Register of Wills before the deadline
- ☐ Kept a copy for your personal records
Next step: If you haven't already, contact the Register of Wills in your county to confirm which version of the inventory form they require and whether they accept electronic filing. Starting the document-gathering process now even before the form is in front of you will save you from the deadline crunch that catches many executors off guard.
Common Mistakes on Delaware Estate Inventory Forms in Probate Court
Estate Accounting vs Inventory: Delaware Executor Guide
Delaware Probate Inventory & Accounting Deadlines
Filing Probate Forms in Delaware Court: a Step-by-Step Guide
How to Fill Out Delaware Guardianship Forms
Delaware Probate Court Filing Guide for Executors