Bill > HB253

This bill amends Delaware law regarding who can receive letters testamentary or of administration (legal documents that authorize someone to manage a deceased person's estate) by modifying existing restrictions. Specifically, the bill changes the language from "shall not" to "may not" be granted, and provides more nuanced guidelines for individuals with criminal convictions. Under the proposed legislation, while minors and mentally incapacitated individuals remain generally ineligible to receive these letters, individuals with criminal convictions are no longer automatically disqualified. Instead, the Register of Wills (a court official responsible for probate matters) is granted discretionary power to allow such individuals to receive letters testamentary or of administration if they can demonstrate "good cause". In cases where an exception is granted, the Register may also require the petitioner to retain a Delaware Supreme Court-admitted attorney throughout the estate administration process, which provides an additional layer of oversight and legal guidance to protect the estate's interests.

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https://legis.delaware.gov/BillDetail?LegislationId=142728