Short answer
Delaware gives priority to the spouse, then children, then parents, then siblings. If nobody with priority applies within 60 days of the death, the Register of Wills may appoint any interested person. Children share an equal right, and they can agree on one person if the others file notarized renunciations.
The order of priority
The Kent County Register of Wills lists who may petition for letters of administration when someone dies without a will. First is the spouse. Then children. Then parents. Then siblings of the whole and half blood. The administrator is the person who can sign a sale contract for the estate once letters are issued. Until someone is appointed, nobody has authority over the house, no matter how obvious the family relationship feels.
Children and renunciation
The brochure notes that when the next of kin are children, all of the children have an equal right to act. In practice usually only one or two people administer an estate, so the children often agree on who should serve. The others file a notarized renunciation form with the Register of Wills before the estate can be opened and letters issued. A spouse may also renounce the right to administer. Sorting this out early prevents a stall at the courthouse.
If nobody steps up
The brochure says that if there are no next of kin with priority, or none of them has applied within 60 days of the date of death, the Register of Wills may appoint any interested person as administrator. That could be a creditor or another person with a stake in the estate. Families who want control over a house sale should apply on their own rather than leave the decision to the court.
What the administrator does next
After appointment the administrator must publish notice, manage the estate's assets and pay valid debts. The brochure says creditors have eight months from the date of death to file claims and that an inventory is due within three months of opening the estate. Talk to an estate attorney before listing or signing a contract. This page is general information and not legal advice.
Selling for cash instead
When siblings live far apart, a quick cash sale can reduce the number of decisions to keep track of. A cash sale to Kaizen Home Buyers skips the repair list and the agent commission. The purchase is as-is. We can give you an offer within 24 hours and close in 14 to 30 days, or later if you need time. Our phone is 267-329-0084.