Delaware Probate and Estate Administration

Probate is the legal process of managing a deceased person's property, debts, and affairs after they have died, and transferring that property to the person's beneficiaries. Responsibility for this task usually falls to a family member or friend who has been named as "executor" of the estate. If there was no will or estate plan, then Delaware law dictates who will handle the task.

Often the person handling probate has not been responsible for such a duty before and is unsure about what needs to be done and when. That is why it is so helpful to work side by side with an experienced Delaware probate lawyer.

From the Wilmington office of Matthew M. Carucci, Attorney at Law, I offer experienced representation to people who need to probate an estate in New Castle County, Kent County, or Sussex County, Delaware. Contact my office to schedule a free initial consultation.

Basic Steps of Probate

Probate does not require a probate lawyer, yet most people choose to work with one. How can a probate attorney help you?

  • I will explain the entire probate process to you, making sure you understand your duties and responsibilities, and the timelines and legal requirements
  • I will draft and file the required legal documents for you
  • I will help you collect debts owed to the estate of the deceased person and make a proper inventory of the assets of the estate
  • I also help my clients prepare an accurate accounting of debts owed by the estate so those debts can be paid before heirs receive the remaining assets
  • I assist executors in distributing property according to the terms of the will, or in the absence of a will, according to Delaware law
  • I ensure legal and tax filings are completed on time and properly

Avoiding mistakes and errors is certainly one of the most important reasons why people work with a probate lawyer. Mistakes in probate can open the door for probate litigation against the estate, or even against an executor personally.

Probating an Estate Without a Will

The process of probating an estate when the deceased had no will is similar to the process above, but with added tasks that make it much more important to have a probate lawyer working with you to:

  • Determine who is the appropriate person to administer the estate
  • Determine who the beneficiaries are and what proportion of assets they will inherit

When there is no will, there is a much greater chance that someone will be unhappy with the outcome. As your Delaware estate lawyer, I work hard to ensure there is ongoing communication between all parties in order to minimize misunderstandings and decrease the risk of estate litigation.

Contact my law office to learn more about how I can help you efficiently and properly complete the process of probating an estate in Delaware.

Matthew M. Carucci, Attorney at Law, LLC

521 West Street
Wilmington, DE 19801
Telephone (302) 654-5083 ● Fax (302) 654-5084
Map and Driving Directions ● E-Mail Me

Probate lawyer Matthew M. Carucci assists beneficiaries and heirs of estates in Delaware in New Castle County, Kent County, and Sussex County. He serves clients primarily in the communities of Wilmington and Newark, but accepts cases throughout Delaware, including the communities of Harrington, Dover, Delaware City, Newport, Odessa, Townsend, Fenwick Island, Georgetown, Milford, and Seaford.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © 2007 by Matthew M. Carucci, Attorney at Law Delaware Probate, Estate Administration and Litigation. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.