What authority does a probate court have in Delaware?

A probate court in Delaware primarily oversees the administration of estates and ensures the validity of wills. This means that the court is responsible for validating the will, confirming that it meets all legal requirements, and managing the process of distributing the deceased's assets according to the terms outlined in the will, or according to the laws of intestacy if no valid will exists. The role of the probate court includes appointing personal representatives or executors, overseeing the payment of debts and taxes owed by the estate, and ensuring that the assets are properly distributed to rightful heirs or beneficiaries.

The authority to create trusts or validate oral wills is typically outside the jurisdiction of probate courts, since trusts are usually established through separate legal documents and oral wills may not always be recognized in Delaware. Additionally, while the probate court facilitates the distribution of assets, it does not distribute assets directly; rather, it oversees the executor or administrator who handles these tasks in accordance with the court's directives and the probate process.