Your Willand the

Delaware Probate

Code

Register of Wills

compliments ofCiro Poppiti, III

Register of Wills

TABLE OF CONTENTSWILLS AND ESTATESWhat is a Will? 1 Should I Have a Will? 1What is Required to Make a Will Valid? 2Where to Keep the Will While Living 2Filing (Registering) the Will After Death 3Proving the Will 3What Happens if You Die Without a Will? 3ddSurviving Spouse 3 ddHeirs Other Than Surviving Spouse 4Validity of Out-Of-State Wills 5Jointly Held Property 5Insurance Proceeds 6How Should I Prepare to Make My Will? 6Memorandum of Tangible Personal Property 7Can I Change My Will? 7Letter of Last Instruction 8What Is a Trust? 9Gifts 10Other Important Documents 10

PROBATING AN ESTATEDoes an Estate Have to be Opened? 11When an Estate Needs not be Opened 12Look for a Will 13How is an Estate Opened? 13Probate Procedures 14Duties of the Executor or Administrator 15Distribution 17 Estate and Inheritance Taxes 18Frequently Asked Questions About Accessto a Deceased Person’s Electronic Assets and Accounts 19

WILLS WORKSHOPS 21

GENERAL INFORMATION ABOUT DEATH BENEFITS 21

DEPOSITING ORIGINAL WILL FOR SAFEKEEPING 22

SOURCES OF INFORMATION 23

GLOSSARY 25

This brochure is a brief overview ofDelaware law. It is strongly suggestedthat you seek professional advice. It is not intended as a substitute forconsulting with an attorney.

This is the 3rd version of our brochure,which was printed in May 2015. Pleasebe aware that laws, policies, and feesmay subsequently change.

New Castle County Register of WillsLouis L. Redding City/County Building800 N. French Street, 2nd FloorWilmington, DE 19801Phone: (302) 395-7800Fax: (302) 395-7801Email: Wills@nccde.orgWebsite:www.nccde.org/152/register-of-wills

Office hours: 8:30am-4:45pm(closed for lunch 12:00 to 1:00 pm)

WILLS AND ESTATES

WHAT IS A WILL?A Will is a written set of legallyenforceable orders directing the transfer of property to named beneficiaries effective upon the deathof the maker.

SHOULD I HAVE A WILL?You should have a Will because it isan effective way to control what happens to your personal belongingswhen you die. Without one, in manycases, if there is no Will, the Registerof Wills, appoints who will be incharge of the estate. Do you want tomaintain control by appointing anexecutor through your Will or do youwant to lose control by having theRegister of Wills appoint who will bein charge?

Maintain control and make a Willtoday. Without a Will, the state willdecide who receives your property,without any regards as to what youwould have preferred. To avoid theState’s Intestacy laws of distributions,it would be to your benefit to create aWill to guarantee that your propertypasses to the people that you select inthe manner that you desire.

Wills are also used to protect yourminor children by naming possibleguardians for them.

Properly drawn Wills make estateplanning easier when the goal may be avoiding death taxes.

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NEW CASTLE COUNTY REGISTER OF WILLSMISSION STATEMENT

– To provide courteous and prompt service tofamilies and interested parties as they areengaged in the probate process;

– To inform the public of the benefits andimportance of a Will and planning as ameans to fairly and efficiently appointresponsible personal representatives andcontrol the flow of assets;

– To promote harmonious relationships by assisting in the lawful and orderlydistribution of assets;

– To provide a safe repository for the Wills ofliving people.

On August 9, 2013, New Castle CountyRegister of Wills office, received the NationalAssociation of County Recorders, ElectionOfficials and Clerks (NACRC) Best PracticesAwards, for “Reducing Backlog to CollectUntapped Revenue on Delinquent Estates,” an inter-office initiative to collect previouslyuntapped revenue on delinquent estates.

WHAT IS REQUIRED TOMAKE A VALID WILL?1. The maker must be at least 18years of age and of sound and disposing mind and memory;

2. The Will must be in writing. A Willwritten entirely in the Testator’s handwriting (a Holographic Will)is valid in Delaware if the otherrequirements are met.

3. The Will must be signed by themaker or signed by a person writing the maker’s name in his orher presence and at the maker’sdirection;

4. The Will must be witnessed by two or more credible adult witnesses in whose presence the maker signed the Will. (InDelaware a beneficiary to theWill may be a witness although insome states this is not allowed.)

5. Notarization of all signatures isoptional, but recommended (see p. 3).

WHERE TO KEEP THEWILL WHILE LIVINGDelaware does not require that youbring your Will to the Register ofWills office while you are alive or thatyou store it in any particular place.However, it is a wise idea to keep theoriginal Will in a safe place (i.e. safedeposit box, an attorney’s office,etc.). If you would like the NewCastle County Register of Wills officeto hold it for you while you are alive,

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you can bring it to the Register ofWills office to be held in Safekeeping(see p. 22).

FILING (REGISTERING) THEWILL AFTER DEATHAfter the maker dies, it is the legalduty of any person in possession ofany document that might be a Will to deliver it to the Register of Willswithin ten (10) days after receivingnotice of the maker’s death.

PROVING THE WILLAfter the maker’s death, the Register ofWills determines the Will’s validity. AWill can be proven valid when itswitnesses swear to its validity. It is“self-proved” when the signaturesappearing on the Will were previouslynotarized. If a Will is not proven, it isrejected and has no force or effect.

WHAT HAPPENS IF YOUDIE WITHOUT A WILL?If you die without a Will or your Willis rejected, your estate is consideredto be “intestate”. Intestate estates aredivided among the decedent’s spouseand other heirs according toDelaware’s laws as follows:

SURVIVING SPOUSE PARTNER1. The entire intestate estate goes to the spouse if there are no surviving issue or parent(s) of thedecedent (see glossary).

2. If there are no surviving issue butthe decedent is survived by a W

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parent(s), the first $50,000 of thepersonal estate, plus one-half of thebalance of the personal estate, plus alife estate in the real estate, goes tothe spouse. The balance goes to theparent(s).

3. If there are surviving issue, all ofwhom are also the issue of the surviving spouse, the first $50,000 ofthe personal estate, plus one-half ofthe balance of the personal estate,plus a life estate in the real estate,goes to the spouse.

4. If there are surviving issue, one ormore of whom are not the issue ofthe surviving spouse, one-half of thepersonal estate, plus a life estate inthe real estate, goes to the spouse.

HEIRS OTHER THAN SURVIVINGSPOUSEThe part not passing to the spouse asabove, or the entire intestate estate ifthere is no surviving spouse and noWill, passes:

1. To the issue of the decedent, per stirpes, (see glossary);

2. To the decedent’s parent or parents equally if there are no surviving issue;

3. To the decedent’s siblings and theissue of each deceased sibling, per stirpes, if there are no surviving issue or parent(s);

4. To the decedent’s next of kin and tothe issue of a deceased next of kinper stirpes, if there are no surviving issue, parent(s), or siblings.

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Any heir must survive the decedentby 120 hours in order to inherit asjust stated.

VALIDITY OF OUT OFSTATE WILLSMany states have different requirements for making a valid Will.Delaware recognizes the validity of aWill signed:

1. In a different state if executed in compliance with Delaware law; or

2. In compliance with the law in theplace where executed; or

3. In compliance with the law where,at the time of execution or at thetime of death, the maker is a legalresident or a national (foreign citizen).

JOINTLY HELD PROPERTYMany people hold real estate, bankaccounts, motor vehicles and other property (stocks, bonds, etc.) in jointnames with the right of survivorship.Upon the death of the first joint tenant, the surviving joint tenant (co-owner) receives the property.This will happen regardless of anycontrary language in any Will andwithout the application of the intestate succession law if no Willexists. However, if a catastrophicaccident occurs resulting in the deathof both joint owners at the sametime, the Will or intestate successionlaws will determine the disposition ofthe jointly held property.

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INSURANCE PROCEEDSLife insurance proceeds are not partof an estate if paid to a named beneficiary who survives the insured.There may be times when the proceeds become an estate asset, so it is very important to clearlystate on the insurance policy whoshould get the death benefit.

HOW SHOULD I PREPARETO MAKE MY WILL?The Register of Wills office does notdraft Wills. Whenever possible, alawyer should draft your Will toavoid problems which may eithermake the Will useless or cause confusion in interpreting its terms.Lawyer fees vary and you should askabout cost during your initial contactwith the lawyer’s office. If you do not know a lawyer experienced indrafting Wills, please call theDelaware State Bar Association at(302) 658-5279 or visit the Registerof Wills Website (www.nccde.org/152/register-of-wills) for a list of attorneyswho frequently handle estates. Pleasenote that the Register of Wills officeprovides this list as an aid; it doesnot list every attorney in Delawarethat practices in this area and thislist is not intended as an endorse-ment of any particular attorney.

Once you decide to make a Will, you should also do some planning inadvance. Prepare a list of the value of your personal property, yourmoney, and your real estate holdings. Locate your deed, account

statements, and insurance policies.Make a list of the people to whomyou wish to leave this property.Choose your executor(s) based on trustworthiness, willingness and ability to carry out your expressedintentions.

It will save time and money by doingthese simple steps before you meetwith the lawyer.

MEMORANDUM OFTANGIBLE PERSONALPROPERTYIn Delaware, if you have personalbelongings but are not sure to whomthey should go when you draft yourWill, you may distribute them by aseparate memorandum. This savesthe expense of having to redraft yourWill or make a Codicil each time youchange your mind about certain itemsof personal property. This documentcannot include transfers of:1. Money, 5. Certificates of Title,2. Mortgages, 6. Securities, or,3. Notes, 7. Property used in 4. Bonds, trade or business.

Please note that the Will itself mustrefer to the possible existence of thememorandum before it can have anyeffect.

CAN I CHANGE MY WILL?Yes. You may change parts of anexisting Will by making a "Codicil."(See glossary.) Whenever you makea Codicil to a Will, it must be

executed with the same formalities asthe original Will. (See page 1.)

An entire Will can be revoked at anytime by:

1. Destroying the original document;or

2. Making a new Will revoking theprevious Will; or

3. By written direction signed by themaker and witnessed by at leasttwo witnesses.

Certain events modify the effect of aWill without a person having to makeany actual change to the document.A divorce removes a former spousefrom any role as executor andremoves any right to inherit.

Also, absent contrary language, children not provided for in a Willwho were born after the execution ofthe Will, may claim their intestateshare as though the decedent haddied without a Will.

LETTER OF LASTINSTRUCTIONMany people prepare a Will and thenput it in a location unknown to theexecutor and/or heirs. In order toavoid unnecessary confusion at thetime of your death, it is suggested that you prepare a letter of lastinstruction to be kept in an easilyaccessible place to allow your heirs or executor(s) to locate thisimportant document upon yourdeath.

The letter might explain:

1. Where your original Will can befound;

2. The names and addresses of anypersons whom you wish to beinformed of your death;

3. Where to find documents of title,deed, stocks, bonds, insurancepolicies, etc.;

4. Where to call or write regardingdeath benefits paid by youremployer;

5. Where your safe deposit box andkey can be found;

6. Your instructions for your funeraland burial. A law passed in 2004gives you more control of funeraland burial arrangements than inthe past. Be sure to speak with alicensed funeral director to get afull explanation.

WHAT IS A TRUST ?A trust is a written document that controls the disposition of certain designated property.

It requires that title to the property betransferred to the trust for a period oftime, for certain purposes, and eventually distributed to certain beneficiaries.

There are two general types of trusts:

1. An "inter vivos trust" goes intoeffect during the life of the maker.

2. A "testamentary trust" does not gointo effect until the death of themaker. This trust can be containedin a Will.

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Revocable trusts may be amendedbefore or after the making of the Will.By their nature, they are inter vivos.Please seek professional advice to discuss the advantages of having atrust.

GIFTSFederal and Delaware law do not taxgifts where the gift is below a certainamount to any person in any one taxable year. Gifts of larger amountsrequire that a gift tax be paid by theperson giving the gift. There is also anunlimited “marital gift tax deduction”allowed under both Federal andDelaware law. This allows one spouseto make gifts to the other of unlimitedamounts each year without incurringany gift tax.

OTHER IMPORTANTDOCUMENTS1. Power of Attorney: This allows someone else to act on your behalf,generally concerning financial matters, while you are living. This isuseful in case you cannot be presentor can no longer sign your name onimportant bank, legal or real estatedocuments.

2. Advance Health Care Directive/“Medical Power of Attorney”/LivingWill: This specifies to what extentyou would like to be kept alive if you are terminally ill or becomeincapacitated. It also appoints yourhealth care agent, who will makehealth care decisions on your behalf.It is important to specify your wishes

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in writing so your entire family canbe certain when making importantdecisions about your health care. The Delaware Attorney Generaloffice has created a pamphlet aboutend of life decisions. A copy of a living Will can be downloaded atwww.state.de.us/attgen/.

3. Emergency Medical Instructions: This should list whether you are taking medications (includingdosages) and whether you have anyallergies. A convenient place tokeep this is in your refrigerator.Emergency medical personnel aretrained to look there first for thesepotentially life-saving instructions.For further information, contactEmergency Medical Services at (302) 395-8184 to obtain a “Vial of Life” kit.

PROBATING AN ESTATEDOES AN ESTATE HAVE TOBE OPENED?The presence or absence of a validWill after death does not determinewhether an estate must be opened.An estate must be opened if:

1. The decedent had more than$30,000 in personal property inhis/her name alone; OR

2. The decedent owned Delaware real estate in his/her name alone(either solely held or as a tenant in common).

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WHEN AN ESTATE NEEDSNOT BE OPENED?If a decedent’s real estate property isowned Jointly Held with the Right ofSurvivorship with a surviving jointtenant or spouse, the surviving jointtenant or spouse may clear title by filing a Combined Affidavit ofJointly Held Real Property with theRegister of Wills.

If a decedent does not have solelyowned real estate and has less than$30,000 in solely owned personalproperty (i.e. car, boat, solely heldbank account), then certain persons(executor(s), spouse, children, parents, brothers and sisters, grand-children, grandparents and funeraldirectors, in that order) may obtainpossession of that personal propertyby executing a “small estate affidavit”. This can be obtained fromthe Register of Wills office. If youneed detailed information about“small estate affidavits”, you canrequest a pamphlet from the Registerof Wills office, titled “What Happensto a Motor Vehicle When SomeoneDies”.

If there is a Will and the estate qualifies as a "small estate", the person obtaining possession muststill comply with the terms of theWill. If there is no Will, the personobtaining possession must distributethe assets, after payment of debts,according to the intestate successionlaws of Delaware (see pages 3 and 4).

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LOOK FOR A WILLDecedents may leave a Letter ofLast Instruction indicating, amongother things, where the Will isstored. If no such document exists,then you will need to locate theWill. Common places a personusually keeps the Will are in a safedeposit box, with important papersin the home, or at the Register ofWills office. Wills usually have aclause that appoints a PersonalRepresentative/Executor. Thatnamed person is given priorityto become the PersonalRepresentative/Executor.

HOW IS AN ESTATEOPENED?When the maker dies, the person possessing the original Will (not acopy) must deliver it, within 10 daysof learning of the death, to theRegister of Wills in the county where the decedent resided at thetime of death.

If the Will is not "self-proved" (seepage 3), then two of the witnessesmust appear at the Register of Willsoffice and give information underoath regarding the Will. If one ormore of the witnesses died beforethe decedent or is unable to appear,a disinterested person must come tothe Register of Wills office to personally identify the signature(s)and sign an affidavit.

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PROBATE PROCEDURESIf an estate has to be opened, theperson in charge must contact theRegister of Wills office either by phone or email to make anappointment (see back of brochurefor contact information). Note thatin order to provide maximum efficient services to the public,appointments are required. Walk-incustomers without a scheduledappointment to open an estate arediscouraged, as our deputy’s schedules are set a week or more inadvance. If we cannot accommodateyou, you will be asked to leave yourinformation for one of our deputiesto call you and schedule an appointment. When an estate isopened, the Register of Wills grantscertain powers to the appropriatepersonal representative (executor oradministrator) of the estate. Theperson(s) who petitions for letters(authority to administer the estate)determines the type of petition thatmust be filed. A named executorpetitions for Letters Testamentary. If the Will contains no qualified orsurviving executor, the person(s)who makes application to administerthe estate files a petition for Lettersof Administration with the WillAnnexed.

If there is no Will, the next of kin ofthe decedent, in the following orderof priority, have the right to petitionfor Letters of Administration:1. Spouse;2. Children;3. Parents;

4. Brothers and sisters (of the whole and half-blood).

Therefore, the spouse has priority ifthe spouse is still living. The spousemay, however, renounce (give up)his/her right. If the next of kin arethe children, all of the children havean equal right to act. Usually, onlyone or two people administer anestate. It may be appropriate for thechildren to decide who among themshould act, and the others wouldthen give up their right. They mustrenounce in writing and file thepaper with the Register of Wills.

If there are no next of kin having a priority or none of those persons hasapplied to administer the estate within 60 days of the date of death,then the Register of Wills may, at hisdiscretion, appoint any interestedperson to be the administrator.

DUTIES OF THE EXECUTOROR ADMINISTRATORAfter the personal representative isappointed, that person is required to:

1. File a certified copy of the deathcertificate (normally done whenthe Will or the petition is filed);

2. Pay the costs of opening the estate at the time of petitioningfor letters. These costs are basedon the value of the solely held personal property of the decedentand average about $150.00;

3. Publish legal notice of the filingof the petition in a local newspaper, as required by law.

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Register of Wills office to provepayment of debts and expenseswith canceled checks or vouchersmarked paid. Once the paymentof debts and expenses is approved,the personal representative musttake an oath that the estate wasadministered properly and pay tothe Register of Wills a closing feeof 1.75% of the “net personalestate” (that is, probate assetsminus real estate and approvedexpenses).

DISTRIBUTIONAfter the personal representative hasperformed the above duties, he maythen make final distribution to thebeneficiaries under the Will or to the intestate heirs. The personal representative should be cautious inmaking any distribution until eightmonths after decedent’s death.Creditors have up to eight monthsafter death to file legally enforceableclaims against the estate.

The title to real property given byWill or intestacy passes immediatelyupon death to the beneficiaries. If the debts, estate expenses andinheritance taxes are properly paid,the title passes without further actionby the personal representative. Pleasenote that a new deed will not berecorded, nor is it required to berecorded. The transfer of ownershipof real property will be shown throughdocuments filed at the Register ofWills office and forwarded to theCounty Assessment Office. However,if the decedent's probate assets areinsufficient to pay the debts, estate

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This notice notifies creditors ofthe death, that an estate hasbeen opened, and that claimsagainst the estate must be filedwithin eight (8) months of thedate of death. This service will bearranged through the Register ofWills office;

4. Collect, inquire about, manageand protect all probate assets;

5. File an inventory of the assetswithin 3 months after the estateis opened, including all jointlyheld property;

6. Set aside from the assets thespouse’s allowance, if requested,and the spouse’s elective share,as required by law (see glossary).

7. Pay the valid debts of the decedent;

8. File and pay any Federal and/orState estate taxes within ninemonths of the date of death;

9. File an accounting with theRegister of Wills within one yearof opening the estate. Theaccounting is a report of the totalprobate assets received, incomeearned by the estate, and thedebts paid (including funeralexpenses and administrativeexpenses of the estate incurredduring the first year). From thesefigures, the net value of theestate is determined. Subsequentaccountings must be filed annually if the estate mustremain open;

10. Close the estate with the Registerof Wills by appearing at the

expenses and taxes, then the personalrepresentative must sell the real property to raise sufficient funds topay them.

ESTATE ANDINHERITANCE TAXESFederal law provides that a survivingspouse receives an Unlimited MaritalDeduction whereby qualified propertymay pass, regardless of amount,without any Federal Estate Tax.Other beneficiaries should be awarethat Federal Estate Tax is deter-mined by the year of death and thesize of decedent’s Federal GrossEstate. (ex. for year 2011, there is noFederal Estate Tax due if the FederalGross Estate does not exceed$5,000,000. Tax laws are subject tochange. Check with the state andfederal tax offices for current exemptions). If the date of death was prior to January 1, 2011 and noestate tax is required, a “No EstateTax Affidavit” must be filed at theRegister of Wills office. It is stronglysuggested that you seek professionaladvice about estate taxation.

The Delaware Inheritance Tax hasbeen eliminated for estates wherethe decedent died on or afterJanuary 1, 1999. If there is an estatewhere the decedent has died beforeJanuary 1, 1999, contact theDelaware Division of Revenue at(302) 577-8170 for informationregarding the guidelines for filing theappropriate inheritance tax forms.

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Frequently Askedquestions AboutAccess to A deceAsedPerson’s electronicAssets And AccountsQ: When I become the personalrepresentative of a decedent’sestate, will I have access the decedent’s electronic mediaaccounts, such as Facebook,LinkedIn, Snapfish, Shutterfly,Google (gmail), PayPal, Itunes?

A: Yes. Delaware has enacted theFiduciary Access to Digital Assetsand Digital Accounts Act, whichallows “fiduciaries” (which includespersonal representatives of estates)to have access to a decedent’s digitalaccounts and assets.

Please note two important distinctions for the term “access” asit relates to a decedent’s digitalaccounts and assets.

First, a fiduciary only has as muchaccess to the decedent’s digitalaccounts and digital assets as thedecedent himself/herself would havehad if he/she were still alive (forexample, if the decedent signed alicensing agreement that imposedcertain restrictions on the decedent’saccess, those same restrictions arebinding on the fiduciary).

Second, when a fiduciary is givenaccess to a decedent’s digital assetsand accounts, such access does not

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transfer ownership of those assetsand accounts to the fiduciary himself/herself, but merely gives thefiduciary temporary custody of thoseassets and accounts for the benefit ofthe intended owners of those assetsand accounts whose ownership takeseffect upon the death of the decedent(as determined either by the decedent’s will or the intestacy laws).

Q: What is a digital asset?

A: A digital asset includes data, text,emails, documents, audio, video,images, sounds, social media content, social networking content,codes, health care records, healthinsurance records, computer sourcecodes, computer programs, software,software licenses, databases, or thelike, including the usernames andpasswords, created, generated, sent,communicated, shared, received, orstored by electronic means on a digital device.

Q: What is a digital account?

A: A digital account includes anyelectronic system for creating, generating, sending, sharing, communicating, receiving, storing,displaying, or processing informationwhich provides access to any digitalasset which currently exist or mayexist as technology develops or suchcomparable items as technologydevelops, stored on any type of digitaldevice, regardless of the ownership ofthe digital device upon which the digital asset is stored, including butnot in any way limited to, emailaccounts, social network accounts,social media accounts, file sharingaccounts, health insurance accounts,health-care accounts, financial

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management accounts, domain registration accounts, domain nameservice accounts, web hostingaccounts, tax preparation serviceaccounts, online store accounts andaffiliate programs thereto, and otheronline accounts which currentlyexist or may exist as technologydevelops or such comparable itemsas technology develops.

WILLS WORKSHOPSThe Register of Wills conducts WillsPresentations, and Group Seminars.Please call (302) 395-7800 or emailus at wills@nccde.org for more information.

GENERAL INFORMATIONABOUT DEATH BENEFITSThe Social Security Administrationwill pay a specific amount as a deathbenefit for covered individuals whowere receiving benefits or are eligiblesurvivors. This benefit is paid to thesurviving spouse or to the minorchildren.

The Veterans Administration will also pay a benefit for a deceased veteran. In addition, the decedentmay have purchased funeralinsurance or may have been a member of an organization thatprovides such related benefits.Although it is not the responsibilityof the personal representative to seethat these amounts are collected andpaid, these matters should beinvestigated in order to discharge hisor her duties effectively. GE

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DEPOSITING ORIGINALWILL FOR SAFEKEEPINGThe Register of Wills of New CastleCounty will accept for safekeeping theoriginal Will, Codicil and Memorandumof a living testator. There is a one timefee for this service. It is $10.00 (fees areapplicable to change, see fee scheduleon website for most current fee).

When these documents are filed, theRegister of Wills will:

1. Give a receipt for the documents and filing fee;

2. Place the documents in an envelope to be sealed in the presence of the testator;

3. Keep the sealed envelope in a fireresistant vault;

4. Keep an Index of Wills on file forsafekeeping.

Until the time of death, only the testator, attorney for the testator, orthe attorney-in-fact will be allowed toretrieve the contents of the sealedenvelope. They may do so at any timeduring the normal hours of operation ofthe Register of Wills office (Mondaythrough Friday, 8:30 A.M. to 4:45 P.M.).

Upon receiving notice of the testator's death, the Register of Willswill remove the sealed envelope fromthe vault, open it, and place the contents in an estate file pending further action.

In 2005, the Register of Wills workedwith County Council to waive Wills for Safekeeping fees for active dutymembers of the military who reside inNew Castle County.

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SOURCES OF INFORMATIONThe preceding information providesyou with a general overview of theworkings of the Delaware estate lawsand the functions of the Register ofWills office. The staff of the Registerof Wills office will try to answer procedural questions regardingDelaware probate law. The DelawareState Bar Association provides alawyer referral service called "HelpLink." If you need help finding alawyer who practices estate planningor probate law, Help Link can bereached at 478-8850.

Other public and private agenciesthat might assist you are listedbelow.

COMMUNITY LEGAL AID SOCIETY, INC.575-0660100 W. 10th Street, Suite 801Wilmington, DE 19801

DELAWARE ATTORNEY GENERAL’S OFFICE577-8400820 N. French Street, 6th FloorWilmington, DE 19801www.state.de.us/attgen/

DELAWARE CIVIL CLINIC AT WIDENERUNIVERSITY SCHOOL OF LAW(in conjunction with Delaware VolunteerLegal Services)302-478-8850

DELAWARE 2-1-1(Information on State and Non-ProfitResources in Delaware)1-800-464-4357www.delaware211.org/

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DELAWARE STATE BAR ASSOCIATION658-5279301 N. Market StreetWilmington, DE 1980

DELAWARE VOLUNTEER LEGAL SERVICESLEGAL HELP LINK(For lawyer referral service. Provide freelimited legal services.) 1-800-773-0606302-478-8680P.O. Box 7306Wilmington, DE 19803

DIVISION OF SERVICES FOR AGING ANDADULTS WITH PHYSICAL DISABILITIES453-3820 256 Chapman Road, Suite 200Newark, DE 19702

FOR DELAWARE CLAIMS INFO: MEDICARE1-800-633-4227www.medicare.gov

FOR LIFE INSURANCE POLICY SEARCH:American Council of Life InsurancePolicy Search1001 Pennsylvania Ave., NWWashington, D.C. 20004

MEDICAID1-800-372-2022302-255-9500Lewis BuildingDHSS Campus1901 DuPont HighwayNew Castle, DE 19720

SENIOR CITIZENS’ LEGAL AID PROGRAM575-0666100 W 10th StreetWilmington, DE 19801

SOCIAL SECURITY SURVIVORS BENEFITS800-772-1213920 Basin Road2nd Floor, Suite 200New Castle, DE 19720-1008

VETERANS ADMINISTRATION(Grave Stone Markers for UnmarkedGraves)1-800-827-10001601 Kirkwood HighwayWilmington, DE 19805

VITAL STATISTICSUniversity Office Plaza - Chopin Building258 Chapman RoadNewark, DE 19702DPH: 302-283-7100

(Call for instructions concerningobtaining death certificates).

GLOSSARYAdministrator/Administratrix - Personappointed by the Register of Wills or theCourt to gather and distribute assets ofperson who died without leaving a Will.

Beneficiary - A person who receives property or other benefits.

Codicil - A supplement or an addition to a Will. It may explain, modify, add to, subtract from, qualify, alter, restrain or revoke provisions in a Will. It must be executed with the same formalities as a Will.

Decedent - A deceased person; the person who died.

Elective Share - The surviving spouse'sright to take a statutory share of the decedent's estate rather than under a Will or the intestate laws.

Estate - Everything a person owned at thetime of death.

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Executor/Executrix - Person appointedby the testator (maker) to carry out thedirections and requests in his/her Will.

Filing/Registration of Will - The filing ofan original Will at the Register of Willsoffice after an individual’s death.

Interested Persons - Includes heirs,devisees, children, spouse, creditors, beneficiaries, and any others having aproperty right in or claim against theestate of a decedent which may be affectedby the particular proceeding.

Intestate - A decedent who left no Will.

Intestate Succession - The laws that stipulate who is to take the decedent'sproperty if the decedent dies without aWill or if the decedent's Will does not dispose of all the property.

Issue - All of a person's lineal decedents ofall generations (children, grandchildren,great-grandchildren, etc.).

Letters of Administration - The orderissued by the Register of Wills empowering a party to gather and distribute the assets of an estate when thedecedent died without a Will or did notname an executor in a Will or where theexecutor dies, renounces (gives up) hisappointment or is not qualified.

Letters Testamentary - The order issuedby the Register of Wills to the executornamed in the Will of the decedent to allowthe executor to administer the estate.

Life Estate - A right to use or occupyproperty for the life of the person named,which ends upon the death of the personnamed.

Next of Kin - Those persons most closelyrelated to a decedent by blood (i.e. children,parents, brothers and sisters, etc.).

Personal Property - Any property which isnot included in the definition of real property; tangible property such as: furniture, books, automobiles, jewelry andclothes; and, intangible property such as:money, stocks, bonds and/or bankaccounts.

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GLOS

SARY

Per Stirpes - This phrase refers to themethod of dividing a share of an estatewhere a class or group of beneficiariestakes the share their ancestor would havetaken if he/she survived the testator. Forexample, if person P dies leaving no spouseand is survived by two children A and Band the two children of his deceased childC (E and F) – then A and B would eachreceive 1/3 of the estate and E and F wouldequally share C’s 1/3, thereby each receiving 1/6.

Probate - 1) The entire system or processprovided by law for transferring the property of a decedent to heirs; and,2) The act or process of proving a Will tobe valid before the Register of Wills.

Real Property - Land and things attachedto land; buildings, fences, walls, trees,growing crops, etc.

Spouse Allowance - The survivingspouse’s right to request up to $7500 fromthe personal representative in addition toany other provisions for his/her benefitcontained in a Will or by intestate law. A written request sent to the Register ofWills is required.

Testator/Testatrix - Person who makes aWill (the maker).

Wills for Safekeeping - A service offeredby the New Castle County Register of Willsfor safe storage of an individual’s Willwhile living.

Witness - A person who is over 18, not incompetent, and witnesses the testator's original signature to a Will and who, in the presence of the testator,signs the Will attesting his presence at the time the testator signed, or acknowledged signing, the Will. A person is not disqualified from being a witness because he or she is a beneficiary of the testator.

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Dear Friend:

I hope that this summaryhas been helpful andinformative. If my staffand I may be of furtherassistance, please call orvisit the Register of Willsoffice, located on the second floor of theCity/County Building, 8th and French Streets in Wilmington.

Our mailing address is:New Castle County Register of WillsLouis L. Redding City/County Building800 N. French Street, 2nd FloorWilmington, DE 19801Phone: (302) 395-7800Fax: (302) 395-7801Email: Wills@nccde.orgWebsite:www.nccde.org/152/register-of-wills

Office hours are 8:30 am to 4:45 pm, Monday through Friday,excluding holidays.

I would like to recognize the former Register, Diane ClarkeStreett, for initiating the first version of this brochure.

Very truly yours,

Ciro Poppiti, IIIRegister of Wills

5/15/1500