Executor Duties in Delaware

After letters are granted, the Register of Wills posts and publishes notice to creditors. Within three months after letters, the executor or administrator files an inventory and appraisal with the Register of Wills of the county that granted letters (and a copy in any other county where the decedent owned real estate), listing the decedent's goods, debts and credits. Claims arising before death are barred unless presented within eight months after death, whether or not notice to creditors was given. The personal representative must file an account every year from the date of letters until the estate is closed and a final account is approved by the Court of Chancery.

No one may act as executor or administrator of a Delaware decedent's estate without letters testamentary (with a will) or letters of administration (without a will) granted by the Register of Wills in the county where the decedent lived. The named executor petitions with the original will, death certificate and probate packet forms; without a will, priority goes to the spouse, then children, parents and siblings. No bond is required unless the will requires one or the Court of Chancery orders it. A nonresident personal representative must file an irrevocable power of attorney naming the Register of Wills to accept legal papers. Proof of authority is typically shown with a certified short certificate issued by the Register.

Claims that arose before or at death are barred unless presented within 8 months of the date of death, whether or not notice to creditors was given. Claims arising after death must generally be presented within 6 months after they arise. If the personal representative rejects a claim in writing, the creditor must sue within 3 months after notice of the rejection.