Best Probate Lawyers in Wilmington

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Wilmington, Delaware?

  For non-emergency cases, you may contact the Wilmington Police Department at 302-654-5151.

• Where can I get a copy of police reports for incidents related to my case in Wilmington, Delaware?

  You can obtain a copy of a police report by going to the Wilmington Police Department at 300 North Walnut Street. You may also call the WPD Records Unit at 302-576-3607 for inquiries.

• When is probate necessary in Wilmington?

  Probate is generally required in Wilmington if the person who passed away owned personal property exceeding $30,000, including cars, jewelry, money, stocks and bonds, and bank accounts. Probate is also required if the decedent owned real estate in Delaware in their name, whether the property is solely held or as a tenant in common.

• How is the probate process initiated in Wilmington?

  To initiate the probate process in Wilmington, a petition must be filed in the county where the decedent resided, but this is typically done by the executor or personal representative of the estate. The next steps may involve the appointment of a personal representative (if there is no named executor), submission of the will, inventory and valuation of assets, obtaining court and beneficiary approval, and distribution of assets to beneficiaries.

• Can an executor be removed in Wilmington?

  Yes, an executor can be removed in Wilmington under certain circumstances. Under Delaware law, if an executor of an estate fails to fulfill or neglects their responsibilities, they can be removed from their position by the Court of Chancery. An action could be filed with the court seeking the removal of the executor if they were found to be commingling estate and personal assets or committing theft of estate assets.

• Can you avoid probate in Wilmington?

  Yes, you can. To avoid probate in Wilmington, you have several options. Creating a living trust, transferring assets to the trust, and distributing them to beneficiaries without probate is one approach. Joint ownership with the right of survivorship enables automatic inheritance for the surviving owner. Payable-on-death designations can be added to bank accounts, while transfer-on-death registration is available for securities and vehicles, excluding real estate. Lastly, small estates may be eligible for simplified probate procedures.

• Can you change or revoke your will in Wilmington?

  Yes, you can change or revoke your will in Wilmington. This can be done by destroying the original document or creating a new will that explicitly revokes the previous one. The testator can also provide a written directive, signed and witnessed by at least two individuals. Specific provisions of a will can be modified by creating a codicil.