Petition for Probate of Will and for Letters Testamentary

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
REGISTER OF WILLS, [NEW CASTLE / KENT / SUSSEX] COUNTY

TABLE OF CONTENTS

1. Caption and Estate Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees / Legatees Under the Will and Heirs at Law
7. Nomination and Priority of Executor
8. Bond
9. Prayer for Relief
10. Verification
11. Certificate of Service / Notice
12. Attachments Checklist

1. CAPTION AND ESTATE INFORMATION

IN THE MATTER OF THE ESTATE OF:

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any], Deceased.

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], [STATE] [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Relationship / Interest: [e.g., Executor named in the Will; legatee; next of kin]

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____].

b. Venue. Under 12 Del. C. § 1303(a), the Will is to be proved before the Register of Wills of the county in which the testator was domiciled at the time of death. The Decedent was domiciled in [COUNTY] County, Delaware.
☐ Alternatively, the Decedent was not domiciled in Delaware; the Will may be proved before the Register of any county in which the Decedent had goods, chattels, rights, credits, lands, or tenements (12 Del. C. § 1303(a)) — ancillary administration.

c. Testate. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] ☐ and codicil(s) dated [__/__/____].

d. To be effective to prove a transfer of property or to nominate an executor, the Will must be declared valid by admission to probate (12 Del. C. § 1303(b)). No person may act as executor without letters testamentary (12 Del. C. § 1502).

5. THE WILL OFFERED FOR PROBATE

a. The original Last Will and Testament dated [__/__/____] (the "Will") ☐ accompanies this Petition / ☐ has been delivered to and is in the custody of the Register of Wills (12 Del. C. § 1301).

b. Execution. The Will was signed by the Decedent in the presence of two or more credible witnesses who subscribed the Will in the Decedent's presence, as required by 12 Del. C. § 202.

c. Proof of will.
☐ The Will contains a self-proving / attestation affidavit of the witnesses, and/or the witnesses' signatures can be proved, sufficient to admit the Will to probate before the Register.
☐ One or more attesting witnesses is deceased, in the armed forces, a merchant sailor, incapacitated, outside the State, or otherwise unavailable; proof of the signature of such witness (or, as applicable, proof of the testator's signature) will be supplied as permitted by 12 Del. C. § 1305.

d. Attesting witnesses:

e. Proof of the Will may be taken without notice to interested persons unless an interested person requests notice by petition filed with the Court of Chancery (12 Del. C. § 1304).

f. ☐ The Will is the Decedent's last will and has not been revoked; Petitioner is unaware of any later will or codicil.

6. DEVISEES / LEGATEES UNDER THE WILL AND HEIRS AT LAW

6.1 Devisees / Legatees under the Will (including nominated testamentary trustees):

6.2 Heirs at Law (those who would take by intestate succession under 12 Del. C. § 502 et seq., for notice purposes):

☐ The Decedent was survived by a spouse: [NAME].

7. NOMINATION AND PRIORITY OF EXECUTOR

a. The Will nominates [NOMINATED EXECUTOR NAME] as Executor ☐ and [SUCCESSOR/CO-EXECUTOR NAME] as successor or co-executor.

b. Priority / grant of letters. Upon admission of the Will to probate, letters testamentary shall be granted by the Register of Wills to the executor(s) named in the Will, upon their giving any required bond (12 Del. C. § 1501(a)).

c. If a named executor is deceased, fails to give bond, renounces, or is incapacitated, letters testamentary shall be granted to the other named executor(s); otherwise, administration with the will annexed may be granted (12 Del. C. § 1501(b)).

d. The proposed Executor is qualified to serve and is not under any incapacity (12 Del. C. § 1508). The proposed Executor accepts the appointment.

8. BOND

a. General rule. A personal representative qualifies by filing any required bond before receiving letters (12 Del. C. § 1521). Under 12 Del. C. § 1522, no bond shall be required prior to receiving letters except (1) when appointed to administer under a will containing an express requirement of bond, or (2) when bond is ordered by the Court of Chancery under § 1524.

b. ☐ The Will does not require bond. Petitioner requests that the Executor serve without bond as permitted by 12 Del. C. § 1522.

c. ☐ The Will expressly requires bond / bond is otherwise required. Petitioner will execute and file a bond with surety. If the will or court order does not specify the amount, the Register shall fix the amount in an amount not less than the best estimate of the Decedent's personal estate (12 Del. C. § 1523). A bond required by the Will may be dispensed with upon determination by the Court of Chancery that it is not necessary or desirable (12 Del. C. § 1522).

d. Estimated bond amount, if required: $[________________].

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Register of Wills (and, where required, the Court of Chancery):

a. Receive and take proof of the Will (and any codicil) under 12 Del. C. §§ 1303–1305;

b. Admit the Will (and any codicil) to probate as the valid Last Will and Testament of the Decedent;

c. Grant Letters Testamentary to [NOMINATED EXECUTOR NAME] as Executor under 12 Del. C. § 1501, upon qualification;

d. ☐ Order that the Executor serve without bond under 12 Del. C. § 1522, or ☐ fix and approve a bond in the amount of $[________________] under 12 Del. C. § 1523;

e. Grant such other and further relief as is just and proper.

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], being duly sworn (or affirming) under the penalties of perjury under the laws of the State of Delaware, depose and say that I have read the foregoing Petition, that I am authorized to make it, and that the statements herein are true and correct to the best of my knowledge, information, and belief.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

SWORN TO AND SUBSCRIBED before me this [__] day of [MONTH], [YEAR].

______________________________________
Notary Public / Register of Wills (Deputy) Clerk
My commission expires: [__/__/____]

11. CERTIFICATE OF SERVICE / NOTICE

Proof without notice. Proof of the Will may be taken without notice to interested persons unless an interested person petitions the Court of Chancery to require it (12 Del. C. § 1304). Where the Court appoints a time for taking proof, it may issue subpoenas and order such service or publication of notice as it deems proper.

Notice after grant of letters. After letters are granted, the personal representative shall give notice to known creditors and otherwise as required by 12 Del. C. § 2101 et seq. (notice to creditors), and present the estate inventory under 12 Del. C. § 1905.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Delaware Bar No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

12. ATTACHMENTS CHECKLIST

☐ County Register of Wills intake/petition and information forms (confirm current local forms)
☐ Original Last Will and Testament (and any codicils) — delivered to Register of Wills (12 Del. C. § 1301)
☐ Certified copy of the Death Certificate
☐ Self-proving affidavit or proof of attesting witness/testator signature (12 Del. C. § 1305), as applicable
☐ Renunciation / acceptance forms for named executors (12 Del. C. § 1501(b)), if applicable
☐ Proposed order/decree admitting the Will to probate
☐ Proposed Letters Testamentary (12 Del. C. § 1501)
☐ Bond or request to serve without bond (12 Del. C. §§ 1521–1523), if applicable
☐ Estate information sheet / preliminary inventory
☐ Filing/probate fee payment

SOURCES AND REFERENCES

• 12 Del. C. § 1301 — Delivery of will to Register of Wills within 10 days.
• 12 Del. C. § 1303 — Will proved before Register of Wills; admission to probate required.
• 12 Del. C. § 1304 — Proof may be taken without notice; petition to Court of Chancery.
• 12 Del. C. § 1305 — Proof where attesting witness unavailable.
• 12 Del. C. § 202 — Execution of wills (two witnesses).
• 12 Del. C. §§ 1501, 1502 — Grant of letters testamentary; no one to act without letters.
• 12 Del. C. §§ 1521, 1522, 1523 — Bond; when not required; will requirement; amount.
• County Registers of Wills: New Castle, Kent, and Sussex County probate offices.