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Delaware Wills and Probate



If you are struggling with a family member or friend's death, probably the last thing you want to confront is a mound of complicated legal forms and papers in a language that seems foreign. You are likely to quickly grow overwhelmed with the entire process. Without a doubt, the probate of an estate can be a tedious, time-consuming, detailed, and complex process. This is because of the sophisticated financial and tax matters involved, particularly for larger estates.

For these and many other reasons, it is a good idea to hire a Delaware probate attorney to assist you through the probate process. These conscientious legal professionals practicing in wills, trusts, estates, and probate law can make certain that the estate you are wrestling with is administered appropriately and in accordance with the decedent's desires and intentions. That peace of mind is worth a great deal.

Legal Services Provided by Wills and Probate Attorneys

Wills and probate lawyers practicing in Delaware provide a full range of legal services to clients who are involved with all aspects and phases of probate administration. Do not make the mistake of assuming that a wills attorney solely drafts wills for clients. Instead, the list of legal services that these local attorneys perform usually includes some, if not all of the following tasks:

  • Asset inventory
  • Asset protection
  • Tax planning
  • Providing notice to potential estate creditors
  • Estate planning
  • Estate administration
  • Alternative dispute resolution
  • Probate litigation
  • Estate litigation

What Can a Delaware Wills and Probate Attorney Help Me Do?

Delaware wills and probate attorneys have additional and further skills and experience. These lawyers skilled in probate law are able to tackle most any question or concern you have dealing with financial and legal planning concerning end-of-life decisions. These legal advocates are readily able to assist you specific tasks and responsibilities such as:

  • Drafting a will
  • Preparing a codicil to a will (amendment to a will)
  • Interpreting will provisions
  • Analyzing will provisions
  • Litigating disputes over conflicting will versions
  • Litigating disputes over competing interpretations of will provisions
  • Litigating disputes between beneficiaries over will provisions and bequests
  • Creating a trust

What Is Involved in Probate in Delaware?

The Delaware probate process is the stages of court proceedings during which debts are settled, and title to property passes from a decedent to that decedent's heirs. The probate process goes beyond a written document, the will, that specifies what personal and real property a decedent wants to leave behind and to which particular party or entity as the recipient of that property. The goal of the probate process is to prove the validity of a will and to carry out its provisions. In the course of doing so, in addition to the will, other key documents and materials may become relevant. These may include:

  • Letters of administration
  • Renunciations
  • Inventory lists
  • Lists of sales
  • Estate vouchers
  • Releases
  • Administration bonds
  • Distributive accounts
  • Settlements
  • Administration accounts
  • Executor's accounts
  • Guardian bonds
  • Guardian accounts
  • Exceptions to accountings

There are also frequently any number of legal, tax, and financial matters that require the involvement of accountants, financial planners, and/or tax attorneys in Delaware through the probate process. These professionals become involved so that whatever actions are taken on behalf of the estate are in keeping with the requirements of applicable state and federal laws.

It is a sound legal and business practice to conduct estate planning early in life, particularly if it appears that the issues presented will be complex and/or the size of the estate is large. After all, the goal for the wills and probate process and the attorneys working to facilitate same is to be as efficient, cost-effective, thorough, and detailed as possible in all aspects of estate administration.

Contact a Delaware Wills and Probate Lawyer Today

Delaware wills and probate lawyers counsel regularly and routinely counsel clients on the legal validity of wills and trusts. With their sound and prudent help, you can rest comfortably and confidently, knowing these advocates are doing all they can to minimize or avoid unwelcome and unnecessary hefty tax burdens, fees, costs, and time delays for you and your family. The key is to approach the estate planning process as early as possible. It does not make sense to wait. So, call now to speak with a wills and probate attorney practicing in Delaware at 877-913-7222.