Your Willand the

Delaware Probate

Code

Register of Wills

compliments ofCiro Poppiti, III

Register of Wills

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 brochure was printed in May 2012.Please be aware that laws, policies, andfees may 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/wills Office hours: 8:30am-4:45pm

TABLE OF CONTENTSWILLS AND ESTATES

What 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/Civil Union Partner 3 ddHeirs Other Than Surviving Spouse/Civil ddUnion Partner 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? 8Letter of Last Instruction 8What Is a Trust? 9Gifts 10Other Important Documents 10

PROBATING AN ESTATE

Does an Estate Have to be Opened? 11When an Estate Need 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 18

WILLS WORKSHOPS 19

GENERAL INFORMATION ABOUT DEATH BENEFITS 19

DEPOSITING ORIGINAL WILL FOR SAFEKEEPING 20

SOURCES OF INFORMATION 21

GLOSSARY 25

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.

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, in his sole discretion,appoints who will be in charge of theestate. Do you want to maintain control by appointing an executorthrough your Will or do you want tolose control by having the Register ofWills appoint who will be in 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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WHAT IS REQUIREDTO MAKE 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 who sign their names inthe presence of the maker. (InDelaware a beneficiary to the Willmay 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. 20).

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’sspouse/civil union partner and otherheirs according to Delaware’s laws asfollows:

SURVIVING SPOUSE/CIVIL UNIONPARTNER1. The entire intestate estate goes to the spouse/civil union partner ifthere are no surviving issue or par-ent(s) of the decedent (see glossary); WILLS

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2. If there are no surviving issue butthe decedent is survived by a 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/civil union partner. Thebalance goes to the parent(s).

3. If there are surviving issue, all ofwhom are also the issue of the surviving spouse/civil union partner,the first $50,000 of the personalestate, plus one-half of the balanceof the personal estate, plus a lifeestate in the real estate, goes to thespouse/civil union partner;

4. If there are surviving issue, one ormore of whom are not the issue ofthe surviving spouse/civil unionpartner, one-half of the personalestate, plus a life estate in the realestate, goes to the spouse/civil unionpartner.

HEIRS OTHER THAN SURVIVINGSPOUSE/CIVIL UNION PARTNERThe part not passing to the spouse/civil union partner as above, or theentire intestate estate if there is no surviving spouse/civil union partnerand no Will, 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);

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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.

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 catastrophic

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accident occurs resulting in the deathof both joint owners at the sametime, the Will or intestate successionlaws will determine the disposition ofthe jointly held property.

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 call the Registerof Wills office at (302) 395-7800 torequest a list of attorneys who frequently handle estates. Pleasenote that the Register of Wills office provides 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.

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Once you decide to make a Will, you should also do some planning inadvance. Prepare a list of the valueof your personal property, yourmoney, and your real estate holdings. Locate your deed, accountstatements, 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 beexecuted 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 spouse/civil union partner from any role asexecutor and removes any right toinherit.

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 to

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avoid 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.

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There are two general types of trusts:

1. An "inter vivos trust" goes into effectduring 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.

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 spouse/civil union partner to make gifts to theother of unlimited amounts each yearwithout incurring any 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.

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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 wishesin 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:

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

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

WHEN AN ESTATE NEEDNOT BE OPENED?If a decedent’s real estate property isowned Jointly Held with the Right ofSurvivorship with a surviving jointtenant or spouse/civil union partner,the surviving joint tenant or spouse/civil union partner 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/civil union partner, children, parents, brothersand sisters, grandchildren, grand-parents and funeral directors, in thatorder) may obtain possession of thatpersonal property by executing a“small estate affidavit”. This can beobtained from the Register of Willsoffice. If you need detailed informa-tion about “small estate affidavits”,you can request a pamphlet from theRegister of Wills office, titled “WhatHappens to a Motor Vehicle WhenSomeone Dies”.

If there is a Will and the estate qualifies as a "small estate", the

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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).

LOOK FOR A WILLA decedent may leave a Letter ofLast Instruction indicating, amongother things, where their Will isstored. If no such document exists,then you will need to locate the Will.Common places a person usuallykeeps their Will are in a safe depositbox, with important papers in thehome, or at the Register of Willsoffice. Wills usually have a clausethat appoints a PersonalRepresentative/Executor. Thatnamed person is given priority tobecome the Personal Representative/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 before PR

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the 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.

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 order

of priority, have the right to petitionfor Letters of Administration:1. Spouse/Civil Union Partner;2. Children;3. Parents;4. Brothers and sisters (of the

whole and half-blood).

Therefore, the spouse/civil unionpartner has priority if thespouse/civil union partner is still living. The spouse/civil union partner may, however, renounce(give up) his/her right. If the next ofkin are the children, all of the children have an equal right to act.Usually, only one or two peopleadminister an estate. It may beappropriate for the children todecide who among them should act,and the others would then give uptheir right. They must renounce inwriting and file the paper with theRegister 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);

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2. Pay the costs of opening theestate 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. Post bond if required. Purchasecan be arranged through theRegister of Wills office;

4. Publish legal notice of the filingof the petition in a local newspa-per, as required by law. Thisnotice notifies creditors of thedeath, that an estate has beenopened, and that claims againstthe estate must be filed withineight (8) months of the date ofdeath. This service will bearranged through the Register ofWills office;

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

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

7. Set aside from the assets thespouse/civil union partner'sallowance, if requested, and thespouse/civil union partner's elective share, as required by law(see glossary).

8. Pay the valid debts of the decedent;

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

10. File an accounting with theRegister of Wills within one yearof opening the estate. Theaccounting is a report of the total

probate 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;

11. Close the estate with the Registerof Wills by appearing at theRegister of Wills office to provepayment of debts and expenseswith canceled checks or vouchersmarked paid. Once the payment ofdebts and expenses is approved,the personal representative musttake an oath that the estate wasadministered properly and pay tothe Register of Wills a closure 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 immediately

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

ESTATE ANDINHERITANCE TAXESFederal law provides that a survivingspouse/civil union partner receivesan Unlimited Marital Deductionwhereby qualified property may pass,regardless of amount, without anyFederal Estate Tax. Other benefici-aries should be aware that FederalEstate Tax is determined by theyear of death and the size of decedent’s Federal Gross Estate. (ex.for year 2011, there is no FederalEstate Tax due if the Federal GrossEstate does not exceed $5,000,000.Tax laws are subject to change.Check with the state and federal taxoffices for current exemptions). Ifthe date of death was prior toJanuary 1, 2011 and no estate tax isrequired, a “No Estate Tax Affidavit”must be filed at the Register of Wills

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office. It is strongly suggested thatyou seek professional advice aboutestate 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.

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/civil union partneror to the minor children.

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.

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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.

DEPOSITING ORIGINALWILL FOR SAFEKEEPINGThe Register of Wills of New CastleCounty will accept for safekeepingthe original Will, Codicil andMemorandum of a living testator.There is a one time fee for this service. It is $10.00.

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 allowedto retrieve the contents of the sealedenvelope. They may do so at anytime during the normal hours ofoperation of the Register of Willsoffice (Monday through Friday, 8:30 A.M. to 4:45 P.M.).

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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 Willsfor Safekeeping fees for active dutymembers of the military who residein New Castle County.

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 AIDSOCIETY, INC.575-0660100 W. 10th StreetSuite 801Wilmington, DE 19801 SO

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DELAWARE ATTORNEY GENERAL’SOFFICE577-8400820 N. French Street, 6th FloorWilmington, DE 19801www.state.de.us/attgen/

DELAWARE CIVILCLINIC AT WIDENER UNIVERSITYSCHOOL OF LAW(in conjunction with DelawareVolunteer Legal Services)478-8850

DELAWARE HELPLINE(Information on State and Non-ProfitResources in Delaware)1-800-464-4357www.delawarehelpline.org

DELAWARE STATE BARASSOCIATION658-5279301 N. Market StreetWilmington, DE 1980

DELAWARE VOLUNTEER LEGALSERVICES LEGAL HELP LINK(For lawyer referral service. Providefree limited legal services.) 1-800-773-0606478-8850P.O. Box 7306Wilmington, DE 19803

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DIVISION OF SERVICES FOR

AGING AND ADULTS WITH

PHYSICAL DISABILITIES453-3820 256 Chapman RoadSuite 200Newark, DE 19702

FOR DELAWARE

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

FOR LIFE INSURANCEPOLICY 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 AIDPROGRAM575-0666100 W 10th StreetWilmington, DE 19801

SOCIAL SECURITY SURVIVORSBENEFITS800-772-1213920 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 - ChopinBuilding258 Chapman RoadNewark, DE 19702DPH: (302) 283-7100

(Call for instructions concerningobtaining death certificates).

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GLOSSARY

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 receivesproperty or other benefits.

Codicil - A supplement or an additionto a Will. It may explain, modify, addto, subtract from, qualify, alter, restrainor revoke provisions in a Will. It mustbe executed with the same formalities asa Will.

Decedent - A deceased person; the person who died.

Elective Share - The survivingspouse/civil union partner's right to takea statutory share of the decedent'sestate rather than under a Will or theintestate laws.

Estate - Everything a person owned atthe time of death.

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

Filing/Registration of Will - The filingof an original Will at the Register ofWills office after an individual’s death.

Interested Persons - Includes heirs,devisees, children, spouse/civil unionpartner, creditors, beneficiaries, and anyothers having a property right in orclaim against the estate of a decedentwhich may be affected by the particularproceeding.

Intestate - A decedent who left no Will.

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Intestate Succession - The laws thatstipulate who is to take the decedent'sproperty if the decedent dies without aWill or if the decedent's Will does notdispose of all the property.

Issue - All of a person's lineal decedentsof all generations (children, grand-children, 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 whenthe decedent died without a Will or didnot name an executor in a Will or wherethe executor dies, renounces (gives up)his appointment or is not qualified.

Letters Testamentary - The orderissued by the Register of Wills to theexecutor named in the Will of thedecedent to allow the executor toadminister the estate.

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

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

Personal Property - Any propertywhich is not included in the definition of real property; tangibleproperty such as: furniture, books, automobiles, jewelry and clothes; and,intangible property such as: money,stocks, bonds and/or bank accounts.

Per Stirpes - This phrase refers to themethod of dividing a share of an estatewhere a class or group of beneficiariestakes the share their ancestor wouldhave taken if he/she survived the testator. For example, if person P

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dies leaving no spouse and is survivedby two children A and B and the twochildren of his deceased child C (E andF) – then A and B would each receive1/3 of the estate and E and F wouldequally share C’s 1/3, thereby eachreceiving 1/6.

Probate - 1) The entire system orprocess provided by law for transferringthe property of a decedent to heirs; and,2) The act or process of proving a Willto be valid before the Register of Wills.

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

Spouse/Civil Union Partner Allowance- The surviving spouse/civil union partner's right to request up to $7500from the personal representative in addition to any other provisions forhis/her benefit contained in a Will or byintestate law. A written request sent tothe Register of Wills is required.

Testator/Testatrix - Person who makesa Will (the maker).

Wills for Safekeeping - A serviceoffered by the New Castle CountyRegister of Wills for safe storage of anindividual’s Will while 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 atthe time the testator signed, or acknowledged signing, the Will. A person is not disqualified from being awitness because he or she is a beneficiary of the testator.

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5/12/1000

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, 8thand French Streets inWilmington.

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/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