Short answer
Yes. In Delaware the Register of Wills issues letters testamentary to an executor or letters of administration to an administrator, and that person can handle the sale. Delaware's own estate tax summary covers deaths before 2018. For a recent death, ask a tax professional what applies.
Starting at the Register of Wills
Delaware's code makes the Register of Wills responsible for probating wills and issuing letters. Under Title 12, Chapter 25, the Register of Wills is the office that probates wills and issues letters. If a will is probated, the executor receives letters testamentary. If there is no will, an administrator receives letters of administration. Those letters are what a title company asks to see.
Taxes to ask about
Delaware's Division of Finance publishes an estate tax summary under Title 30, Chapter 15 of the Delaware Code. The summary applies to individuals who died before January 1, 2018. For anyone who died after that date, ask a CPA or estate attorney whether any state tax applies to this estate. Do not assume. A federal estate tax return is a separate question. Delaware is a small state, but you still need the right Register of Wills office, so find the one for the county where the person lived. Call before you go and ask what to bring. Offices can differ on fees and on how they take payment. Ask whether the will must be filed within a certain time, and ask the attorney about it too, since late filing can create complications. Keeping a simple file of every call and receipt will help later.
Transfer tax on the sale
Selling the house will trigger Delaware realty transfer tax. The Division of Revenue's return instructions state a total rate of four percent, split equally between seller and buyer. Exemptions are listed in Section 5401 of Title 30. A transfer from an estate to an heir may be treated differently from a sale. The title company or attorney should confirm which applies.
Steps in order
First, find out whether there is a will and who is named executor. Second, take the will, if any, and a death certificate to the Register of Wills in the county where the person lived, and ask about letters. Third, meet with a Delaware estate attorney or CPA about taxes. Fourth, order a title search so you know about any liens. Fifth, decide how to sell, by listing or by a cash sale. Sixth, get the title company's checklist, including how it wants the estate's representative to sign. Seventh, remember that the Delaware transfer tax is split equally between seller and buyer under the Division of Revenue's instructions, unless the contract says otherwise.
Selling a Delaware estate house
Once the personal representative holds letters, the sale can move forward. Kaizen Home Buyers buys Delaware houses as-is for cash, with no repairs and no agent commission. We make an offer within 24 hours and can close in 14 to 30 days or on your date. Call 267-329-0084. If the house is in good condition, you may also talk with a local agent.