Is there a time limit to recieve a date (chancery court)

[juangon]

What is the name of your state (only U.S. law)? DE

i have been in pending litigation with a family member over estate and the person didnt have a will. it has been over three years now and i havent heard a word. how long can it take to get a court date for chancery court? does anybody know? TIA

 

[Dandy Don]

Don't you have an attorney representing YOUR interests in this matter? Call or visit the probate court (or whatever they call it in your area) and look at the probate file to see what has happened so far and then consult an attorney about what to do next. Someone should have been notifying you of pending/upcoming hearings about this particular estate.

 

[latigo]

That’s like the tenant who waited six months for the other shoe to drop and found out that the guy living above him had died with one shoe on. Which is probably what happened to your “litigation”. “Died because of inactivity.”

It is up to the litigants to push these cases along. Not the court.

But generally the parties involved are notified of the court’s intention to dismiss for lack of prosecution and given an opportunity to show cause why the case should be continued on the calendar.

Maybe you should try to work into your schedule a visit to the clerk of the chancery court. Could be that your last filing didn’t reach the clerk or the clerk’s didn’t reach you.

If the adversary proceeding has been dismissed, you may be barred by either a statute of limitation or failure to timely object to a petition for distribution of the estate, or both.

Did you or your attorney file a formal request with the clerk that you be notified of all filings and orders issued in the probate? I’m thinking no.

And then again, maybe Delaware doesn't provide for that notification as does the Uniform Probate Code. (I looked and didn't find it, but that doesn't mean anything.)