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It is strongly suggested that you seek professional advice. It is not intended as a substitute for consulting with an attorney.  \nThis is the 5th version of our brochure , which was printed in July 2021. Please be aware that laws , policies , and fees may subsequently change.  \nNew Castle County Register of Wills Louis L. Redding City/County Building 800 N. French Street, 2nd Floor Wilmington, DE 19801  \nPhone: (302) 395-7800  \nFax: (302) 395-7801  \nEmail: [Wills@newcastlede.gov](Wills@newcastlede.gov)  \n[Website:](Website:)[ ](Website:)[www.nccde.org/152/register-of-wi](www.nccde.org/152/register-of-wi)lls  \nOffice hours: 8:00 am-4:00 pm (closed for lunch 12:00 to 1:00 pm)  \nDue to the processing time required, no processing of probate documents including Inventory, Joint Affidavit, and Small Estate Affidavit after 3:30 pm.  \nTABLE OF CONTENTS  \nWILL S AND ESTATES  \nWhat is a Will? 1  \nShould I Have a Will? 1  \nWhat is Required to Make a Will Valid? 2  \nWhere to Keep the Will While Living 2  \nFiling (Registering) the Will After Death 3  \nProving the Will 3  \nWhat Happens if You Die Without a Will? 3  \nSurviving Spouse 3  \nHeirs Other Than Surviving Spouse 4  \nValidity of Out-Of-State Wills 5  \nJointly Held Property 5  \nInsurance Proceeds 6  \nHow Should I Prepare to Make My Will? 6  \nMemorandum of Tangible Personal Property 7  \nCan I Change My Will? 7  \nLetter of Last Instruction 8  \nWhat Is a Trust? 9  \nGifts 10  \nOther Important Documents 10  \nPROBATING AN ESTATE  \nDoes an Estate Have to be Opened? 11  \nWhen an Estate Needs not be Opened 12  \nLook for a Will 13  \nHow is an Estate Opened? 13  \nProbate Procedures 14  \nDuties of the Executor or Administrator 15  \nDistribution 17  \nEstate and Inheritance Taxes 18  \nFrequently Asked Questions About Access to a Deceased Person’s Electronic Assets and Accounts 19  \nWILLS WORKSHOPS 21  \nGENERAL INFORMATION ABOUT DEATH BENEFITS 21  \nDEPOSITING ORIGINAL WILL FOR SAFEKEEPING  22  \nSOURCES OF INFORMATION  23  \nGLOSSARY 25  \nNEW CASTLE COUNTY REGISTER OF WILLS MISSION STATEMENT  \n– To provide courteous and prompt service to families and interested parties asthey are engaged in the probate process;  \n– To inform the public of the benefits and importance of a Will and planning asa means to fairly and efficiently appoint responsible personal representatives and control the flow of assets;  \n– To promote harmonious relationships by assisting in the lawful and orderly distribution of assets;  \n– To provide a safe repository for the Wills of decedents before death.  \nOn August 9, 2013, New Castle County Register of Wills office, received the National Association of County Recorders, Election Officials and Clerks (NACRC) Best Practices Award, for “Reducing Backlog to Collect Untapped Revenue on Delinquent Estates,”an intra-office initiative to collect previously untapped revenue on delinquent estates.  \nWILL S AND ESTATES  \nWHAT IS A WILL?  \nA Will is a written set of legally enforceable orders directing the transfer of property to named beneficiaries effective upon the death of the maker.  \nSHOULD I HAVE A WILL?  \nYou should have a Will because it isan effective way to control what happens to your personal belongings when you die. Without one, in many cases, if there is no Will, the Register of Wills, appoints who will be incharge of the estate. Do you want to maintain control by appointing an executor through your Will or do you want to lose control by having the Register of Wills appoint who will bein charge?  \nMaintain control and make a Will today. Without a Will, the State’s Intestacy laws will decide who receives your property. To avoid the State’s Intestacy laws of distribution, it would be to your benefit to create a Will to guarantee that your property passes to the people that you select in the manner that you desire.  \nWills are also u","cbCaiqVsK3P6xVlZ","https://ap.wps.com/l/cbCaiqVsK3P6xVlZ","pdf",572873,32,"English","# WILL S AND ESTATES\n## What is a Will?\n## Should I Have a Will?\n## What is Required to Make a Will Valid?\n## Where to Keep the Will While Living\n## Filing (Registering) the Will After Death\n## Proving the Will\n## What Happens if You Die Without a Will?\n## Surviving Spouse\n## Heirs Other Than Surviving Spouse\n## Validity of Out-Of-State Wills\n## Jointly Held Property\n## Insurance Proceeds\n## How Should I Prepare to Make My Will?\n## Memorandum of Tangible Personal Property\n## Can I Change My Will?\n## Letter of Last Instruction\n## What Is a Trust?\n## Gifts\n## Other Important Documents\n# PROBATING AN ESTATE\n## Does an Estate Have to be Opened?\n## When an Estate Needs not be Opened\n## Look for a Will\n## How is an Estate Opened?\n## Probate Procedures\n## Duties of the Executor or Administrator\n## Distribution\n## Estate and Inheritance Taxes\n## Frequently Asked Questions About Access to a Deceased Person’s Electronic Assets and Accounts\n# WILLS WORKSHOPS\n## GENERAL INFORMATION ABOUT DEATH BENEFITS\n## DEPOSITING ORIGINAL WILL FOR SAFEKEEPING\n## SOURCES OF INFORMATION\n## GLOSSARY","[{\"question\":\"What is required for a will to be valid in Delaware?\",\"answer\":\"The maker must be at least 18 and of sound mind; the will must be in writing; it must be signed by the maker (or someone signing at the maker’s direction); and it must be witnessed by two or more credible adult witnesses. Notarization is optional but recommended.\"},{\"question\":\"What happens after someone dies if a will is not filed or proven?\",\"answer\":\"Any person who has a document that might be a will must deliver it to the Register of Wills within ten days after receiving notice of the death. The Register determines validity, and if a will is not proven, it has no force or effect.\"},{\"question\":\"What are the consequences of dying without a will?\",\"answer\":\"State intestacy laws determine who receives the property. The brochure highlights that making a will helps avoid intestacy distribution and allows control over who receives assets.\"}]","Your Will and the Delaware Probate Code - Overview of Delaware Law | PDF",1789553783]