When a deceased person (decedent) dies without a will (intestate) or the decedent’s will is found to be invalid by the probate court, the court may appoint an administrator to manage the estate, assets, and liabilities of the decedent. The administrator must be qualified or approved by the court and in some instances may be required to post a bond to secure the assets of the estate.
Upon appointment of an administrator by the probate court the court may issue letters of administration that authorize the administrator to administer the decedent’s estate by collecting amounts due to the estate, paying any outstanding debts of the estate, and distributing the assets of the estate in accordance with the state’s intestate succession laws.
Laws and procedures vary from state to state but an administrator—and the administrator’s administration of the estate—may be supervised or unsupervised by the probate court and may be with or without a bond required from the administrator.
In Delaware, when a person dies without a will (intestate) or their will is deemed invalid, the Court of Chancery or the Register of Wills, depending on the county, appoints an administrator to manage the decedent's estate. The administrator must be qualified and is often required to post a bond, especially if they do not reside in Delaware. The bond serves as a financial guarantee for the proper administration of the estate. The court issues letters of administration to the appointed administrator, granting them the authority to settle the decedent's affairs. This includes collecting debts owed to the estate, paying the decedent's outstanding debts, and distributing the remaining assets according to Delaware's intestate succession laws. The administration of the estate may be supervised by the court, which requires the administrator to file periodic reports and final accounting. The level of supervision and the requirement of a bond can vary based on the specific circumstances of the estate and the discretion of the court.