{"id":3277,"date":"2023-09-22T07:57:16","date_gmt":"2023-09-22T11:57:16","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=3277"},"modified":"2024-04-25T23:17:32","modified_gmt":"2024-04-26T03:17:32","slug":"when-in-delaware-a-homeowners-deed-must-be-filed-with-the-register-of-wills","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/when-in-delaware-a-homeowners-deed-must-be-filed-with-the-register-of-wills\/","title":{"rendered":"When in Delaware\u2026 A Homeowner\u2019s Deed Must Be Filed With the Register of Wills"},"content":{"rendered":"\n
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What happens with Delaware real estate deeds<\/a> when someone dies?<\/p>\n\n\n\n

The home\u2019s title (whether the owner dies with or without a will) vests immediately <\/em>in the beneficiaries\u2019 names. The home county\u2019s Register of Wills sends the deed to the County Assessment Office. That\u2019s how a title is transferred upon death. There\u2019s no need for a new deed.<\/p>\n\n\n\n

This makes Delaware different from other states. And there are a few more things to know about how a deceased person\u2019s home goes to the beneficiaries in Delaware.<\/p>\n\n\n\n\n\n\n\n

Delaware Homeowners: The Age Factor<\/h2>\n\n\n\n

According to the latest census figures, just over a million people live in Delaware. Many are older adults. (A famous one might jump to your mind.)<\/p>\n\n\n\n

While Delaware\u2019s population continues to grow at a steady 1% rate, four out of ten Delawareans are over 50. The fastest growing group? Seniors aged 65+. In fact, the swelling of the 65+ population is right in line with a national trend, as boomers get up there in years.<\/p>\n\n\n\n

All this indicates that Delaware property owners are passing their homes along to the next generation at a rapid clip. And they should know what\u2019s special about their probate process.<\/p>\n\n\n\n

How to Start: Obtain the Death Certificate<\/h2>\n\n\n\n
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Usually, when a Delaware homeowner dies, the estate goes into an administrative process overseen by the probate court<\/em>. Whether there is a will or not, those who wish to get the process started should go to the Register of Wills, and start by filing a certified copy of the late homeowner\u2019s death certificate<\/em>.<\/p>\n\n\n\n

The Register of Wills oversees probate in a deceased person\u2019s home county. But it doesn\u2019t deal with everything the Delaware homeowner owned. Homes with rights of survivorship or homes held in trust for named beneficiaries don\u2019t need to go through probate.<\/p>\n\n\n\n

Some property owners hire attorneys to create trusts to put their homes into. When the owners pass on, an attorney will then create the deed that passes the home from the trustee to the beneficiary named on the trust document.  The trust property is transferred outside probate.<\/p>\n\n\n\n

There is also an exception to probate for a deceased Delawarean who owned under $30,000 in assets and no real estate titled in their name alone. In this case, beneficiaries should ask the Register of Wills for a Small Estate Affidavit to simplify the process.<\/p>\n\n\n\n

The Probate Process: What a Personal Representative Does<\/h2>\n\n\n\n

How does a regular probate process start? A personal representative goes to the Register of Wills and obtains the granting of letters.<\/em> There is an associated fee, based on the estate\u2019s value.<\/p>\n\n\n\n

If there is a will, that personal representative is called the executor<\/em> of the will. The will is proved<\/em> at the office of the Register of Wills. Then the personal representative has other mandatory tasks. A personal representative must:<\/p>\n\n\n\n