Fillable Register of Wills PROBATE PACK INSTRUCTIONS (Sussex County Council)

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Register of Wills PROBATE PACK INSTRUCTIONS (Sussex County Council)

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5 East Pine Street
P
.O. Box 743
Georgetown, DE 19947
Phone: (302) 855-7875
Fax: (302) 853-5871
sussexcountyde.gov
Register of Wills
PROBATE PACK INSTRUCTIONS
1. File Inventory (Form 600 RW) with the Register of Wills within three (3) months from the
date letters were granted. Any pages added will cost $1.00 per page to file.
§ 1905. Inventory and appraisal; filing requirements, form, contents and
supporting affidavits; notice of action affecting title.
(a) Every executor
or administrator shall, within 3 months after the granting of letters
testamentary or of administration, file in the office of the Register of Wills of the county
in which the letters have been granted, an Inventory and appraisal.
§ 1906. Failure to file inventory; civil and criminal penalties.
(b) Any executor or administrator who fails to file the Inventory, list and statement with
the Register of Wills within 3 months after the granting of letters
testamentary or of administration shall be subject, personally and individually, to
a penalty of $1 per day for each day delinquent. This penalty shall not apply until 1
month after notice by the Register of Wills of such delinquency.
2. File First & Final Account with the Register of Wills within one (1) year from the date letters
Revised 4/2018
were granted along with a B
eneficiary List and Waivers or Notices (stamped, addressed
envelopes are required with all Notices). Verification of all payments listed on the
Account, being paid in full, is required with the Account. (Accounting forms are due every
year until a Final Account is filed.)
THE ACCOUNT MAY NOT BE FILED BEFORE 8 MONTHS FROM THE DATE OF DEATH.
NOTE: #1 may be mailed or hand-delivered to the Register of Wills office. No appointment
is necessary.
NOTE: TO FILE #2, THIS OFFICE REQUIRES AN APPOINTMENT. Please call the phone
number above to schedule your appointment.
NOTE: #1 and #2 MUST be filed within the deadlines mentioned above. If additional time is
needed, please submit a written request for an extension.
NOTE: The Register of Wills has supplied one copy of the above-mentioned forms and
suggests that you make an additional copy to use as a scratch form.
Revised 04/2018
5 East Pine S
treet
P.O. Box 743
Georgetown, DE 19947
Phone: (302) 855-7875
Fax: (302) 853-5871
sussexcountyde.gov
Register of Wills
To All Personal Representatives of Probated Estates
As Personal Representative of a probated Estate, it is your responsibility to file the paperwork
involved in clearing an Estate, which is listed below:
1) Inventory Form – An Inventory of all the decedent's assets (Personal & Real
Property), along with any Jointly owned property, is to be filed with the Register of
Wills office within three (3) months from the date you were appointed as Personal
Representative.
2) If the decedent passed away before January 1, 1999, you must file an Inventory (Form
600) with the Division of Revenue due nine (9) months from the date of death. This
form would consist of all assets and debts of the decedent, along with a list of heirs to
the Estate, which would determine if any Inheritance Tax were due.
3) Accounting Form – An Accounting form is due to be filed with the Register of Wills office
one (1) year after your appointment as Personal Representative. If at that time the
Estate matters have been completed, you may file a First and Final Account. If
matters are still pending and debts are still owed, you must file a First Account only.
Each year after that, you would be required to file an Account (even if the Account
has remained the same) until you are ready to close the Estate.
Revised 04/2018
5 East P
ine Street
P.O. Box 743
Georgetown, DE 19947
Phone: (302) 855-7875
Fax: (302) 853-5871
sussexcountyde.gov
Register of Wills
CLOSING OF THE ESTATE
Please call the phone number above for an appointment to close the estate.
REQUIREMENTS FOR CLOSING THE ESTATE:
All Invoices/Bills and matching Canceled Checks/Receipts are required to be brought in as
proof of purchase and payment for any expenses listed on the Accounting.
Examples:
1. Receipt given for opening the Estate.
2. Any medical expenses from the date of death of the decedent.
3. Funeral expenses (receipt from the Funeral Director indicating the costs have been paid
in full.)
4. Utility bills for three (3) months from date of death.
5. Any mortgage payments received or paid.
6. Any bills paid for the decedent from date of death (example: credit cards).
7. If Will states the real estate is to be sold, any expenses involving the real estate may be
claimed.
FILE BENEFICIARY LIST
List the name, address, and relationship of any person named in the Will to benefit from the
Estate. A Waiver or Notice for each beneficiary is necessary to be filed (See Rule 194).
5 East Pine Street
P.O. Box 743
Georgetown, DE 19947
Register of Wills
INVENTORY INSTRUCTIONS
Phone: (302) 855-7875
Fax: (302) 853-5871
sussexcountyde.gov
No appointment is necessary for filing the Inventory. You may hand deliver the Inventory or mail it to the
Register of Wills’ office. The Inventory is due within three (3) months of the granting of letters.
FRONT PAGE
1.
DECEDENT’S FULL NAME: Person who passed away.
2.
RESIDENCE AT TIME OF DEATH: Address of decedent (enter last residence or, if decedent was in
a nursing facility, enter that address).
3.
DECEDENT’S SOCIAL SECURITY NUMBER: Located on Death Certificate.
4.
DATE OF DEATH: Month, Day, and Year.
5.
DATE LETTERS GRANTED: Day, month, and year estate was probated.
6.
TESTATE: Died with a Will. INTESTATE: Died without a will. Please specify which one applies.
7.
COUNTY: Sussex
8.
NAME OF PERSONAL REPRESENTATIVE: Full name of person probating the estate.
9.
ADDRESS OF PERSONAL REPRESENTATIVE: Complete address of person probating the estate.
The next lines for Name of Personal Representative and Address of Personal Representative are
used only if there is more than one Personal Representative. If not, leave it blank.
10.
NAME AND ADDRESS OF ATTORNEY, IF ANY: Name and address of attorney. If none, leave blank.
SCHEDULE “A” – REAL ESTATE
Complete this section only if real estate was solely held in the decedent’s name. If there was none, enter
“none” in the Description area, enter decedent’s full name at the bottom of the page and proceed to the
next page.
1.
ITEM NO: List number of item. If there is more than one piece of real estate, list individually.
2.
DESCRIPTION:
a.
Enter complete property address(es) along with Tax, Map, and Parcel Numbers.
b.
Enter person(s) full name/relationship to deceased, and complete address(es) of those who
are entitled to receive the property.
c.
Enter the fair market value of the real estate. (Obtain an appraisal or realtor comparable.)
3.
VALUE AT DATE OF DEATH: Enter real estate value and carry to bottom of page.
4.
TOTAL: Sum of all items listed.
5.
BOX: Enter name and complete address of who is to receive tax bill in the future.
6.
ESTATE: Decedent’s full name to be written at bottom of page.
SCHEDULE “B” – STOCKS AND BONDS
Complete only if stocks and bonds are solely held in the decedent’s name. You do not need to list anything
if there is a Beneficiary. If there were none, enter “none” in the Description area and proceed to next
page.
1.
ITEM NO: List number of items individually.
2.
DESCRIPTION: Enter all stocks and bonds.
3.
FAIR MARKET VALUE: Balance at time of death.
4.
DIVIDENDS: Interest or dividends accumulated from date of death or paid out forward may be listed
as
additional assets on the Accounting.
5.
TOTAL: Sum of all items listed.
6.
ESTATE: Decedent’s full name to be written at bottom of page.
SCHEDULE “C” – MORTGAGES, NOTES, AND CASH
Mortgages and Notes – Decedent has loaned money and is being paid back. List total payments.
Cash – Includes monies in the following accounts at date of death (include name of bank, type of account;
but do not include account numbers):
a)
Checking
b)
Savings
c)
Money Market
d)
Certificates
1.
ITEM NO: List number of items individually.
2.
DESCRIPTION: Banks, credit unions, etc. Do not list account numbers.
3.
FAIR MARKET VALUE: Balance at time of death.
4.
INTEREST: Dividends or interest accumulated from the date of death. List as additional assets on the
A
ccounting.
5.
TOTAL: Sum of all items listed.
6.
ESTATE: Decedent’s full name to be written at bottom of page.
SCHEDULE “D” – JOINTLY OWNED PROPERTY
1.
A, B, & C: List name, relationship, and address of individuals who have joint ownership with the
decedent.
2.
ITEM NO: List number of items individually.
3.
DESCRIPTION: Examples: bank accounts (do not list account numbers), auto, mobile home, boat,
trailer, land and home.
4.
FAIR MARKET VALUE: Value of items at time of death.
5.
INTEREST: Dividends or interest accumulated from the date of death. List as additional assets on the
A
ccounting.
6.
TOTAL: Sum of all items listed.
7.
ESTATE: Decedent’s full name to be written at bottom of page.
SCHEDULE “E” – MISCELLANEOUS PROPERTY
Include any item(s) not listed on previous pages that are solely owned or payable to the Estate. Example:
automobile(s), mobile home(s), refunds or rebates, life insurance (list only if in decedent’s name), auto
insurance refunds, household goods and contents. You may group items, unless they are of great value,
such as antiques, etc., in which case they should be listed individually. You do not need to list any assets
that have a beneficiary or are payable or transferrable upon death.
1.
ITEM NO: List number of items individually when they are of great value.
2.
DESCRIPTION: Automobile(s) and mobile home(s) include make/model/year, refunds include name of
company, household goods may be listed as one-line item. Antiques, coin collections, anything of
great value must be listed individually.
3.
FAIR MARKET VALUE: Value of items at time of death.
4.
INTEREST: Dividends or interest accumulated from the date of death. List as additional assets on the
A
ccounting.
5.
TOTAL: Sum of all items listed.
6.
ESTATE: Decedent’s full name to be written at bottom of page.
RECAPITULATION
Transfer totals from all schedules. Total of Probate Assets: Sum of Schedules B + C + E.
Final Total: Sum of all schedules (B + C + E + A + D).
OATH OR AFFIRMATION OF PERSONAL REPRESENTATIVE
On the first line, print the personal representative’(s) name. On the second line, print the decedent’s name.
Bring the Inventory back in by the specified time and sign in front of one of the employees at the Sussex
County Register of Wills’ office. If you cannot return the Inventory in person, the Personal Representative(s)
may sign and have the signature(s) notarized and then mail the Inventory to the Register of Wills’ office.
Should an extension for time to complete the Inventory be necessary, a written request may be mailed to
the Register of Wills’ office. Upon receipt of your request, a confirmation will follow.
Revised 04/2018
Revised 09/2018
5 East Pine Street
P
.O. Box 743
Georgetown, DE 19947
Phone: (302) 855-7875
Fax: (302) 853-5871
sussexcountyde.gov
STATE OF DELAWARE
INVENTORY
for
Register of Wills
Date Filed: ___________________
Decedent’s Name:
Residence at Time of Death:
Number and Street
___________________________________________ Decedent’s Social Security #:
City, State and Zip Code
Date of Death: ________________________________ Date Letters Granted:
Testate: Intestate: County: New Castle Kent Sussex
Name of Personal Representative:
Address of Personal Representative:
Name of Personal Representative:
Address of Personal Representative:
Name and Address of Attorney, if any:
GENERAL INSTRUCTIONS
Everyone required to file this Inventory form shall do so within three (3) months after the estate is opened, or within
three (3) months of the date of death when an estate is not opened. Extensions may be granted for good cause at the
discretion of the Register. Any Personal Representative may be subject, personally and individually, to a fine under
12 Del. C.
§ 1906 if the Inventory is not filed on time. The Inventory shall be filed in the Office of the Register of Wills of
the county in which the estate has been opened, or when no estate is opened, in the county where the Decedent lived at
the date of death. The Inventory shall list all personal property the Decedent owned at the date of death. It must also list
all real estate the Decedent owned at the date of death and must provide the parcel/lot number of each piece of real estate,
the names/address(es) of the new owner(s) of the real estate, and his/her/their relationship to the Decedent (for example,
son). The Inventory must also be filed in every county of the state in which the Decedent owned real estate at the date of
death. The person who is responsible for preparing and filing the Inventory must swear or affirm that the information in it is
true and correct before the Inventory will be treated as legally filed.
If the Decedent owned no property of the kind described in any of the following schedules, the word “None” should
be written on the page.
If the Decedent died before January 1, 1999, the person responsible for filing this Inventory must file a similar
inventory with the Division of Revenue using its form. This must be done within nine (9) months from the date of death, not
from the date when the estate was opened.
The person who opens an estate for a deceased person is called the “personal representative.” That term includes
an executor, administrator, and any other person responsible for filing an Inventory.
If more space is needed on any of the following schedules, additional sheets of paper of the same size may be
inserted following the appropriate schedule, provided the added sheet refers to the schedule it supplements.
The value to be used for any property listed on this Inventory is the fair market value as of the date of death of the
Decedent.
SCHEDULE A
SOLELY OWNED REAL ESTATE
Include
tax parcel number, deed record number and a description adequate to identify all real estate and
complete the names and addresses and relationship of persons entitled to each parcel and share of each person.
Jointly owned property must be disclosed on Schedule D.
ITEM NO. DESCRIPTION
VALUE AT DATE
OF DEATH
Please specify the name, address and phone number to whom the tax bill
should be mailed:
TOTAL (Also enter on the Recapitulation page)
ESTATE OF:
Revised 09/2018
Revised 09/2018
SCHEDULE B
STOCKS AND BONDS
Jointl
y owned property must be disclosed on Schedule D.
ITEM NO. DESCRIPTION
FAIR MARKET VALUE
AT DATE OF DEATH
DIVIDENDS OF
RECORD PRIOR TO
DEATH AND
PAYABLE AFTER
DEATH OR
INTEREST ACCRUED
TO DATE OF DEATH
TOTAL (also enter on the Recapitulation page)
ESTATE OF:
$ 0.00
Revised 09/2018
SCHEDULE C
MORTGAGES, NOTES AND CASH
Include money in banks and/or mortgages or moneys owed to Decedent at time of death. Mortgages or
moneys payable by Decedent are not includable on this schedule. Jointly owned property should be
disclosed on Schedule D.
ITEM NO. DESCRIPTION
FAIR MARKET VALUE
AT DATE OF DEATH
INTEREST OR OTHER
INCOME ACCRUED TO
DATE OF DEATH
TOTAL (also enter on the Recapitulation page)
ESTATE OF:
$ 0.00
$ 0.00
$ 0.00
Revised 09/2018
SCHEDULE D
JOINTLY OWNED PROPERTY
Did the decedent, at the time of death, own any property (s) with another person with right of survivorship; or
(b) with his/her wife/husband? Yes No. If “Yes”, state the name, relationship and address of each
surviving co-tenant.
NAME
RELATIONSHIP
ADDRESS (Number and Street, City, State and Zip Code
A.
B.
C.
ITEM NO.
DESCRIPTION
(Identify co-tenant by using appropriate letter, above)
FAIR MARKET VALUE
AT DATE OF DEATH
INTEREST OR OTHER
INCOME ACCRUED TO
DATE OF DEATH
TOTAL (also enter on the Recapitulation page)
ESTATE OF:
$ 0.00
$ 0.00
$ 0.00
Revised 09/2018
SCHEDULE E
MISCELLANEOUS PROPERTY
List al
l other personal property not listed on another schedule, including, if owned by or payable to the decedent
or the decedent’s estate. For example, life insurance proceeds, employee death benefits, individual retirement
accounts, annuities or anything else that is NOT
payable to a living person or a trust. Jointly owned property
must be disclosed on Schedule D.
ITEM NO. DESCRIPTION
FAIR MARKET VALUE
AT DATE OF DEATH
INTEREST OR OTHER
INCOME ACCRUED TO
DATE OF DEATH
TOTAL (also enter on the Recapitulation page)
ESTATE OF:
$ 0.00
$ 0.00
$ 0.00
Revised 09/2018
SCHEDULE
B Stock
s and Bonds
C Mortg
ages, Notes and Cash
E Miscellaneous Property
RECAPITULATION
TOTAL
OF PROBATE ASSETS
(Sum of B, C, and E)
A Real Es
tate
D Jointl
y Owned Property
TOTAL
(Sum of B, C, E, A and D)
OATH OR AFFIRMATION OF PERSONAL REPRESENTATIVE
________________________________________________________ make(
s) solemn oath (or affirmation) that
he/she/they has/have made due inquiry concerning the goods, chattels, money and credits due and belonging
to ____________________________________________________, “the deceased person,” and that this
Inventory contains all the goods, chattels, money and credits due or belonging to the deceased person that has
come to the knowledge of the deponent (or affiant) and that the information contained in the Schedule of Real
Estate and the information pertaining to Entireties and Jointly Owned Real and Personal Property is true to the
best of his/her/their knowledge and belief.
_______________________________________________
Personal Representative
_______________________________________________
Personal Representative
Signed and sworn (or affirmed), before me, on this ________ day of _______________________, A.D., __________.
_______________
___________________________________
Notary Public or other qualified person
(State your title)
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
5 East Pine Street
P.O. Box 743
Georgetown, DE 19947
Phone: (302) 855-7875
Fax: (302) 853-5871
sussexcountyde.gov
FORM NO. 30-ACCOUNTING FORM
Title of Account: “First and Final” ACCOUNT
FILED BY: Your Name
PERSONAL REPRESENTATIVE OF THE ESTATE OF:
Decedent’s Name
OF: Sussex
COUNTY
DATE OF DEATH: Date Person Passed
DATE LETTERS WERE GRANTED: Date estate was opened
A
TTORNEY:
Name of Attorney. If none, “Pro Se”
Total Probate Assets:
This comes from the last page of the inventory, under the line “Total of Probate Assets”. It includes
only the totals of Schedules B, C & E from the Inventory.
(Figure must agree with total solely held personal property listed on Recapitulation Page of
Inventory.)
$
Any change in assets since filing the inventory, including additional assets received into the estate or losses.
Examples include:
• Gains/losses on sale of securities (stocks, bonds) since filing inventory
• Refunds received for canceling services (i.e. magazine or newspaper subscriptions, insurance,
garbage pick-up, etc.
• Refunds received from nursing home for credit against prepaid care
• Proceeds for sale of the house ONLY if there was a direction to sell in the will or if real estate need
s
to be sold to pay debts. Settlement sheet must be attached.
• Dividends/interest paid to the estate after filing the inventory
• Litigation proceeds (must submit proof of proceeds, such as letter or check stub)
Total Additional Assets:
TOTAL:
$
$
0.00
Attachments: Form No. SC5 (List of Beneficiaries) S.
Form No. SC2 (Waiver of Notice) or SC1 (Notice)
Form No. SC3 (Waiver / Incapacity)
Accounting Page 1
Revised 09/2018
Accounting Page 2
Revised 09/2018
**Save canceled checks/receipts for all of the items listed below.**
The Personal Representative(s) of the Estate of:
Decedent’s Name
asks allowance for the following amounts:
Administrative Expenses:
Costs incurred in performing one’s duties as personal representative.
Examples:
• Fees paid to Register of Wills (opening costs, inventory filing fee cost, additional letters
charges)
• Appraisal fees and auction fees/commissions paid for personal property
• Three months of allowable home expenses (meaning utilities, phone, insurance, etc.)
• If real estate must be sold either by direction or to pay debts, all costs incurred to maintain
property until sale are deductible. Any settlement monies deducted from sale proceeds may
also be deducted IF gross (not net) proceeds are listed on first page as additional assets.
• Moving/packing/storage expenses for sending personal property to beneficiaries
• Personal representative’s expenses (gas, tolls, airfare, hotel, meals, etc.)
• Professional consulting fees
Subtotal: $
Debts of the Estate:
Costs incurred by decedent but paid after death.
Examples:
• Medical bills (ambulance, co-pays, hospital bills, etc.)
• Prescription bills, credit card balances at date of death, utility bills through date of death
• Estate taxes if applicable
• Claims filed against the estate must show as paid here.
Subtotal: $
Funeral Expenses:
Costs incurred for the interment & burial of the decedent.
Examples:
• Funeral home fees
• Honorariums for religious personnel
• Grave markers/stone and related inscription costs
• Costs of the wake
• Food/catering and room rental
• Flowers
• Burial plot if not already purchased
• Cremation fees, etc.
EXCEPTION: If funeral was paid by directive in insurance contract, then not deductible.
Subtotal: $
**NOTE: For all of the above items, if you need additional space, write “See Attached” and attach
an itemized schedule of payers and amounts. List total amount under each category.
Accounting Page 3
Revised 09/2018
Attorney’s Fees:
$
Only if representing the estate. Attorney must initial.
Commissions Allowed:
$
“Reasonable fee” you are charging the estate to be the Personal Representative (See Rule 192). Must
claim as income on taxes.
Total Expenses:
$
Clo
sing Costs:
1.25% net personal estate $
1.25% of Total of page 1 less total of all expenses
(Total Assets – Total Expenses = ? X 1.25%)
R
ecording and indexing:
If not prepaid at opening = $20.00
If prepaid at opening = $0.00
Releases ($5.00, each):
Receipt for goods bequeathed in the will; not mandatory (Not S.C. 2 Waivers)
R
ule 190 ($5.00 for each Personal Representative):
If attorney is appearing on your behalf
Total Closing Costs:
$
Total of above 4 items to be paid to Register of Wills
Total Amount Disbursed:
$
Total of all expenses (including closing costs)
Balance Remaining in the Hands of the Personal
$
Representative(s) of the Estate:
Page 1 less Total Amount Disbursed
Overpayment:
$
I
s the filing of a tax return with the Division of Revenue Yes No
necessary in this estate?
I
f the answer is “yes,” have you already filed with the Yes No
Division of Revenue?
If applicable, an “Affidavit That No Delaware Estate Tax Return is Required”
must be filed with the Register of Wills for persons dying between January 1,
1999 and December 31, 2004, and for persons dying on or after July 1, 2009.
I
s the filing of a federal estate tax return necessary Yes No
Date Filed:
Register of Wills
Attachments: Form No. SC5 (List of Beneficiaries) S.
Form No. SC2 (Waiver of Notice) or SC1 (Notice)
Form No. SC3 (Waiver / Incapacity)
Revised 09/2018
Accounting Page 1
5 East Pine Street
P.O. Box 743
Georgetown, DE 19947
Phone: (302) 855-7875
Fax: (302) 853-5871
sussexcountyde.gov
FORM NO. 30-ACCOUNTING FORM
ACCOUNT
FILED BY:
PERSONAL REPRESENTATIVE OF THE ESTATE OF:
COUNTY
OF:
DATE OF DEATH:
DATE LETTERS WERE GRANTED:
ATTORNEY:
Total Probate Assets:
(Figure must agree with total solely held personal property listed on Recapitulation Page of
Inventory.)
Additional assets received into the estate or losses occurring after filing of the Inventory:
Total Additional Assets:
TOTAL:
$
$
$
0.00
Subtotal: $
Subtotal: $
Revised 09/2018
Subtotal: $
The Personal Representative(s) of the Estate of:
asks allowance for the following amounts:
Administrative Expenses:
Debts of the Estate:
Funeral Expenses:
Accounting Page 2
Attorney’s Fees:
Commissions Allowed:
Total Expenses:
Closing Costs:
$
1.25% net personal estate
Recording and indexing:
Releases ($5.00, each):
Rule 190 ($5.00 for each Personal Representative):
$
$
$
$
Total Closing Costs:
Total Amount Disbursed:
Balance Remaining in the Hands of the Personal
Representative(s) of the Estate:
Overpayment:
Is the filing of a tax return with the Division of Revenue
necessary in this estate?
If the answer is “yes,” have you already filed with the
Division of Revenue?
Revised 09/2018
Accounting Page 3
$
$
$
If applicable, an “Affidavit That No Delaware Estate Tax Return is Required”
must be filed with the Register of Wills for persons dying between January
1,
1999 and December 31, 2004, and for persons dying on or after July 1, 2009.
Is the filing of a federal estate tax return necessary?
Date Filed: _______________
_________________________________________
Register of Wills
Yes
No
Yes
No
Yes
No
0.00
0.00
0.00
0.00
0.00
Revised 09/2018
5 Ea
st Pine Street
P.O. Box 743
Georgetown, DE 19947
Phone: (302) 855-7875
Fax: (302) 853-5871
sussexcountyde.gov
Register of Wills
FOR THE ESTATE OF
BENEFICIARIES ENTITLED TO SHARE IN DISTRIBUTION OF ESTATE
NAME, RELATIONSHIP AND MAILING ADDRESS OF BENEFICIARIES:
NAME AND MAILING ADDRESS OF PARENTS, GUARDIAN OR TRUSTEE FOR BENEFICIARY
UNDER LEGAL INCAPACITY:
NAME AND MAILING ADDRESS OF BENEFICIARIES, PARENT, GUARDIAN OR TRUSTEE WHO HAS
WAIVED NOTICE OF ACCOUNT AND CONSENTED TO COURT APPROVAL:
Revised 09/2018
5 East Pin
e Street
P.O. Box 743
Georgetown, DE 19947
Phone: (302) 855-7875
Fax: (302) 853-5871
sussexcountyde.gov
Register of Wills
ESTATE OF
WAIVER OF NOTICE AND CONSENT OF BENEFICIARY TO COURT
APPROVAL OF ACCOUNTING PURSUANT TO 12 DEL. C. §2302 (c)
I,
whose mailing address is
do hereby certify as follows:
(1) I am a beneficiary entitled to share in the distribution of the assets of the above-referenced estate.
(2) Pursuant
to 12 Del. C. §2302 (c), I waive any right that I may have to receive further notice of the
filing of this and subsequent accountings and do hereby consent that this accounting may be
approved by the Court of Chancery without further notice to me.
(3) I understand this waiver may not be withdrawn.
______________________________________
Beneficiary
Dated:
Revised 09/2018
5 East P
ine Street
P.O. Box 743
Georgetown, DE 19947
Phone: (302) 855-7875
Fax: (302) 853-5871
sussexcountyde.gov
Register of Wills
ESTATE OF
WAIVER OF NOTICE AND CONSENT BY PARENT,
GUARDIAN, OR TRUSTEE
OF HEIR SUBJECT TO LEGAL INCAPACITY
I,
whose mailing address is
do hereby certify as follows:
(1) I am the parent, guardian, or
trustee of ,
a legally incapacitated person with the right to share in the distribution of the property of the
above-referenced estate.
(2) A copy of the accounting may be obtained at the Register of Wills.
(3) I, pursuant to 12 Del. C.
§2302(c), hereby give up any right that I may have or that such legally
incapacitated heir may have to receive further notice of the filing of such accounting and all future
accountings.
(4) I consent, on behalf of the legally incapacitated heir, that such account(s) may be approved by
the Court of Chancery without further notice to me or to such legally incapacitated heir.
(5) I understand that this waiver is final and in force when it is filed with the Register of Wills and may
NOT afterwards be taken back.
____________
__________________________
Parent, Guardian, or Trustee
Dated:
Revised 09/2018
5 Ea
st Pine Street
P.O. Box 743
Georgetown, DE 19947
Phone: (302) 855-7875
Fax: (302) 853-5871
sussexcountyde.gov
REGISTER OF WILLS IN AND FOR SUSSEX COUNTY
STATE OF DELAWARE
NOTICE
ESTAT
E OF:
TO:
You are hereby notified that the Personal Representative of the above-captioned estate has filed the
____________________________________ Account in this office. A copy of the account is enclosed for your
inspection. The account will be open for any exceptions for three (3) months from the date of mailing of this notice.
The notice in writing of the filing of the account required to be mailed by the Register of Wills pursuant to 12
Del. C. 2302 (b) shall include the following statement:
“Personal Representatives of estates and Attorneys who represent them are entitled to
reasonable commissions and fees. In determining what constitutes reasonable commissions and
fees, consideration may be given to: the time spent, the risk and responsibility involved, the novelty
and difficulty of the questions presented, the skill and experience of the Personal Representative and
the Attorney, any provisions of the will regarding compensation, comparable rates for similar services
in the locality, the character and value of the estate assets, the character and value of assets which
are not part of the probate estate but which must be valued and reported on any federal, state, local,
or foreign death tax return, the time constraints imposed upon the Personal Representative and
Attorney, the loss of other business necessitated by acceptance of the administration, and the benefits
obtained for the estate by the administration. Commissions and fees shall not be considered
unreasonable merely because they are based exclusively on hourly rates, exclusively on the value of
the probate state, or exclusively on the value of the assets includible in the estate for the purpose of
any tax.
Unless you file an exception to the account alleging that the commissions of the Personal
Representative(s) or the fees of the Attorney(s) for the Personal Representative(s) as set forth in the
account are unreasonable, you shall be deemed to consider such commissions and fees reasonable.”
This rule will apply to the administration of estates of decedents dying on or after its effective date of
September 1, 1996.
_______________________________________
_______________________________________
_______________________________________
Personal Representative(s)
Mailed ____________________________
By Register of Wills
Revised 06/2016
5 Ea
st Pine Street
P.O. Box 743
Georgetown, DE 19947
Phone: (302) 855-7875
Fax: (302) 853-5871
sussexcountyde.gov
Register of Wills
RULE 194
Rule 194. Accounting filed with Register of Wills; notice to beneficiaries; waiver and consent;
duties of Register with respect to accounting.
(a) R
equirement of notice of filing of accounting. Upon the filing of an accounting by a personal
representative with the statement of the names and mailing addresses of each beneficiary
entitled to share in the distribution of the estate as provided by 12 Del. C. § 2302, and after
adjustment and settlement of such accounting by the Register of Wills, the Register of Wills
shall mail to such persons written notice that the accounting has been filed and will be open
for inspection and exception for 3 months from the date of mailing of the notice in
accordance with Article IV, § 32 of the Constitution of 1897. The notice shall be given in the
name of the personal representative and the form of notice shall be supplied with stamped
addressed envelopes unsealed by the personal representative, in general conformity with a
form adopted by the Court of Chancery, at the time of the filing of the accounting. The Court
may order publication of the notice of filing of such accounting in cases where the names
and addresses of beneficiaries entitled to share in the distribution of the estate are not
known or cannot be ascertained. Any beneficiary entitled to share in the distribution of the
estate who has not been named in the statement required by 12 Del. C. § 2302 may take
exception to the accounting notwithstanding any approval thereof by the Court.
(b) Beneficiary waiver of notice of filing and consent to Court approval of accounting. The notice
required by section (a) of this rule need not be mailed to any person entitled to receive notice
who has waived notice and consented in writing to the approval of the accounting by the
Court. A copy of any waiver and consent shall be filed with the Register of Wills.
(c) Duties of Register of Wills with respect to accounting. Upon the filing of an accounting by
the personal representative, the Register of Wills shall:
(1) Certify that the Register of Wills mailed the notice required by section (a) of this rule
and the date of such mailing.
(2) Identify any waivers and consents filed under section (b) of this rule.
(3) Examine the accounting, compare it with the cancelled checks and receipts
evidencing estate disbursements, verify the calculations and certify that the Register
of Wills finds the accounting to be correctly adjusted and settled.
(d) Duty of Register of Wills when an accounting is not timely filed.
(1) In every case where an accounting by an Executor or an Administrator is required to
be rendered by law and no accounting is timely filed, the Register of Wills may issue
a rule to show cause why an accounting was not filed, said rule to be returnable at
the next regular convenient session of the Court.
Revised 06/2016
(2) If, after two or more consecutive years of inactivity on the estate, there has been no
filing of an accounting, the Chief Deputy Register of Wills who is appointed pursuant
to 12 Del. C. § 2507 may enter an order on behalf of the Court closing the estate
administratively, subject to the decision of the Court to reopen the estate or
otherwise examine any proceedings in the jurisdiction of the Register of Wills of eac
h
c
ounty. Before entering an order to close an estate under this sub-section, the Chief
Deputy shall cause notice of the proposed closing to be sent by mail to all heirs,
beneficiaries, creditors and any other interested parties. If no objections are received
i
n response to that notice, the estate may be closed, but the personal representativ
e
s
hall not be released from her obligations or from liability to the estate, its creditors,
or its beneficiaries. No Chief Deputy shall enter an order closing an estate in which
he or she or a member of the Chief Deputy’s immediate family has an interest until
such estate has been submitted to the Chancellor for review.
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Register of Wills PROBATE PACK INSTRUCTIONS (Sussex County Council)

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Completed 18 July 2020

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