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Home→Tools→Trustee Checklist→Delaware

What Are My Duties as Trustee in Delaware?

Step-by-step guide for administering a trust after the grantor passes away. Answer a few questions to get a personalized checklist for your situation.

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Answer a few questions to get a personalized checklist for your situation.

West Dakota: $999,999 (99.9%)East Montana: $888,888 (88.8%)

This checklist provides general guidance for trust administration. Requirements vary by state and trust document. Consult a licensed attorney for legal advice.

Frequently Asked Questions

Immediate priorities for a successor trustee in Delaware include obtaining certified death certificates, locating the original trust document, securing trust assets, and notifying beneficiaries. An EIN is required since the trust becomes irrevocable after the grantor's death.

In Delaware, custodial accounts under the Uniform Transfers to Minors Act (UTMA) terminate when the minor reaches age 21. Trustees managing inherited custodial accounts follow this timeline.

What Are My Duties as Trustee in Delaware?

As a successor trustee in Delaware, you have fiduciary duties to manage trust assets prudently and distribute them according to the trust terms. Unlike probate, trust administration is private and does not require court involvement.

Delaware law requires you to notify qualified beneficiaries of your trusteeship. This notice typically must be sent within 60 days of the grantor's death and include your contact information and the beneficiary's right to request trust information.

You'll need to obtain an EIN (Employer Identification Number) from the IRS since the trust becomes irrevocable after the grantor's death. This is required to open trust bank accounts and file tax returns.

Keep detailed records of all transactions, communications, and decisions. Beneficiaries have the right to request accountings, and proper documentation protects you from liability claims.

County-Specific Guides in Delaware

Get a trustee checklist customized for your county's probate court.

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Named as Trustee

Named as Trustee

Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.

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Delaware Trust Administration Attorneys

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Delaware Estate Planning Resources

In-depth guides covering Delaware probate laws, trust requirements, and estate planning strategies.