Letters Testamentary in Delaware

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.

The person named in the will is granted letters testamentary. Without a will, letters of administration go first to the spouse, then children, then parents, then siblings; if no one in those classes is available or no petition is filed within 60 days after death, the Register of Wills may choose. Minors and mentally incapacitated persons cannot serve, and a person convicted of a crime that disqualifies them from taking an oath cannot serve unless the Register grants an exception. A personal representative who lives outside Delaware must file an irrevocable power of attorney naming the Register of Wills to accept legal papers. No bond is required unless the will requires one or the Court of Chancery orders it.