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Settling an Estate in Delaware The administrator has three months to file the inventory list for the estate with the office along with the value. They must also file a tax return for the estate. Creditors have eight months to file a claim against the estate, and the administrator must pay any valid claims.

The presence or absence of a valid will after death does not determine whether an estate must be opened. Whenever there is a death in New Castle County, an estate must be probated if: The decedent had more than $30,000 in personal property in his/her name alone, or.

Despite the lack of statutory guidance on executor fees in Delaware, the general consensus among legal professionals is that an executor can expect to receive about 2-5% of the estate's value. However, this percentage can fluctuate based on the specifics of the estate and the executor's responsibilities.

If you die with a surviving spouse and with children with someone other than that spouse, the spouse gets ½ of your intestate assets, plus the right to use any intestate real estate for life. Your children get everything else. If you die with children but no surviving spouse, your children inherit everything.

The Personal Representative of your estate (also commonly referred to as an administrator or executor) is responsible to gather and inventory all of your property at the time of your death, determine all your outstanding debts, pay all of your legitimate debts and then distribute the remaining property in ance ...

Paying Debts and Taxes: The executor must then pay off any valid claims from the estate's assets and settle any final income taxes or estate taxes owed. This process can take a few months to over a year, depending on the number of claims and the complexities of the deceased's financial affairs.