Estate Administration Delaware Probate Law Sussex County|Procino Wells & Woodland

Seaford
302.628.4140

Lewes
302.703.6993


Planning today to protect your family's tomorrow.

Page Title
Areas of Practice:

Elder Law

Asset Protection Planning

Estate Planning

Estate & Trust Administration


Settling Estates
Procino-Wells & Woodland, LLC is committed to providing sophisticated estate administration services while understanding that the time following a loved one's death is an extremely sensitive and emotional occasion. Due to the complexity of the estate settlement process, our attorneys can provide objective advice and guide you through the process every step of the way.
 
Settling a deceased person's estate can be a very daunting task because it requires the personal representative to locate assets; pay any outstanding debts; distribute any specific bequests and remaining assets; ensure that all tax returns are filed; and file appropriate county and state documentation, all of which is overseen by the Register of Wills and the Court of Chancery. During this process there can be severe financial repercussions if the estate is not settled in accordance with applicable laws and there can also be strains on family relationships when beneficiaries question decisions. We work closely with our clients to provide the amount of guidance necessary to assist you in completing the estate administration process and to protect you from claims by the estate beneficiaries.
 
Procino-Wells & Woodland, LLC also typically charges its regular hourly rates for estate administration services unlike many other firms which charge on a flat fee, percentage basis. We feel that charging on an hourly basis is fair to the client and to us - we get paid for the actual work we do, nothing more.
Estate Administration Brochure
Probate
Procino-Wells & Woodland, LLC is devoted to providing quality assistance throughout the probate process. If a decedent dies with a validly executed Will, then the Will must be probated (proved) before it will be effective to dispose of the decedent's property. Only some of a decedent's property, however, is subject to probate. Generally, property the decedent owned individually or as a tenant-in-common is subject to probate. On the other hand, probate will not apply to certain non-probate transfers such as property held as a joint tenancy, life insurance proceeds with a stated beneficiary, and property held in trust.
 
As a part of the probate process, the Will must be proved in the office of the Register of Wills in the county of the decedent's domicile. A Will of a decedent not domiciled in Delaware, but who owned personal or real property in Delaware at the time of his/her death, must be admitted for probate in the county where the decedent had real estate or personal property.
"No Will" Situations
Procino-Wells & Woodland, LLC is also committed to assisting the survivors of a decedent who died without a Will. If your loved one did not leave a Will, he/she is said to have died "intestate." When someone dies intestate, the Court, not the person's survivors, will determine how the property is to be divided, based on the laws of the state. The rules of intestacy are very specific regarding who can administer the estate; who will inherit from it; and how much they will receive. It cannot be assumed that everything will automatically pass to the surviving spouse or immediate next of kin. For these reasons, it is recommended that you seek qualified attorneys, such as Procino-Wells & Woodland, LLC, to assist you with this process.