Petition for Letters of Administration

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Delaware requires the use of official Register of Wills forms for petitions for letters of
administration. This template provides the substantive legal content to help you
prepare — but you must transfer your content to the official form before filing. Official
forms are available from your county's Register of Wills office (New Castle, Kent, or
Sussex County). See https://www.kentcountyde.gov/Residents/Wills-Estates/Register-of-Wills-Forms-Library
for Kent County forms as an example.
Do not file this document directly with the Register of Wills.

PETITION FOR LETTERS OF ADMINISTRATION

REGISTER OF WILLS, [COUNTY] COUNTY, DELAWARE

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction
5. Heirs at Law
6. Grounds for Administration
7. Prayer for Relief
8. Verification
9. Certificate of Service

1. CAPTION AND CASE INFORMATION

IN THE MATTER OF THE ESTATE OF:

[DECEDENT FULL LEGAL NAME], Deceased.

File No.: [____________________________________]

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Delaware [ZIP CODE]
County of Residence: [COUNTY]
Relationship to Decedent: [RELATIONSHIP]

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION

a. The Decedent was domiciled in [COUNTY] County, Delaware at the time of death.

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

c. The Decedent died intestate (without a valid Last Will and Testament).

d. ☐ After diligent search and inquiry, Petitioner is unaware of any will or codicil of the Decedent.

e. ☐ No prior petition for letters has been filed with this or any other Register of Wills.

5. HEIRS AT LAW

The heirs at law under Delaware intestate succession (12 Del. Code § 501 et seq.):

6. GROUNDS FOR ADMINISTRATION

a. The Decedent died possessed of property in Delaware requiring administration.

b. Estimated value of the estate:

c. Petitioner has priority under 12 Del. Code § 1505 as [STATE PRIORITY BASIS].

d. Petitioner is qualified and not disqualified from serving as Administrator.

e. Bond:
☐ Petitioner will furnish bond per 12 Del. Code § 1508
☐ Petitioner requests that bond be set in the amount of $[________________]
☐ Petitioner requests waiver of bond with consent of all interested persons

7. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests:

a. The Register of Wills accept and file this Petition;

b. The Register determine that the Decedent died intestate;

c. Letters of Administration be granted to Petitioner upon qualification and posting of bond;

d. Bond be fixed in an appropriate amount;

e. Such other action as the Register deems proper.

8. VERIFICATION

STATE OF DELAWARE
COUNTY OF [COUNTY]

I, [PETITIONER FULL LEGAL NAME], being duly sworn, state that the facts set forth in this Petition are true and correct to the best of my knowledge, information, and belief.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Date: [__/__/____]

Subscribed and sworn to before me this [____] day of [____________], [________].

Notary Public / Deputy Register: ______________________________________
My Commission Expires: [__/__/____]

9. CERTIFICATE OF SERVICE

I certify that on [__/__/____], a true copy of this Petition was served on all interested persons:

☐ Personal Service
☐ Certified Mail, Return Receipt Requested
☐ First Class U.S. Mail

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

ATTACHMENTS CHECKLIST:

☐ Certified copy of Death Certificate
☐ Administrator's Bond (12 Del. Code § 1508)
☐ Renunciations from persons with higher priority (if applicable)
☐ Written consents of heirs (if applicable)
☐ Oath of Office
☐ Filing fee payment