Delaware Probate Form

Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle)

Everything you need to know about Delaware Form Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle), including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related DE probate forms.

Be the first to rate this form!
Hand holding a pen filling out the form
Purple Circle Background

About Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle) is a commonly used form within Delaware. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

For deaths occurring between January 1, 1999 and December 31, 2017. Used to clear husband and wife real estate and jointly owned real estate by right survivorship. Also, this affidavit will serve as your tax clearance on all probated estates where filing of the Federal Estate is NOT needed.

Atticus Fast Facts About Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle):

  • This form pertains to the State of Delaware

  • The current version of this form was last revised on January 1, 2019

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Delaware’s Form Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle) up to date, certain details can change from time-to-time with little or no communication.

How to file Form Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle)

Step 1 - Download the correct Delaware form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Delaware probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle), take a break, and then review. Probate and estate settlement processes in DE are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

Atticus DIY Probate & Estate Settlement App Image

Sponsored by Atticus App

Need help with Delaware Probate?

Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.

Start for free

When Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle) is due

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Delaware.

5 reasons you should submit this form as quickly as possible:

  1. The sooner you begin, the faster Delaware can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.

    Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

  2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

  3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

  4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Delaware. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

  5. If a house in the State of Delaware is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Delaware probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Delaware probate clerk or court for exact answers regarding Form Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle), and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit this form Online

Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle) is one of the many probate court forms available for download through Atticus.

It may also be available through some Delaware probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Delaware.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Delaware probate court office.

Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Delaware-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Purple Lightbulb Icon

Did you know?

  • Form Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle) is a probate form in Delaware.

  • For deaths occurring between January 1, 1999 and December 31, 2017. Used to clear husband and wife real estate and jointly owned real estate by right survivorship. Also, this affidavit will serve as your tax clearance on all probated estates where filing of the Federal Estate is NOT needed.

  • Delaware has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Delaware.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in Delaware, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle)

For deaths occurring between January 1, 1999 and December 31, 2017. Used to clear husband and wife real estate and jointly owned real estate by right survivorship. Also, this affidavit will serve as your tax clearance on all probated estates where filing of the Federal Estate is NOT needed.

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle)

Here’s the text, verbatim, that is found on Delaware Form Affidavit Of No Delaware Estate Tax Return Required (New Castle County) (New Castle). You can use this to get an idea of the context of the form and what type of information is needed.

FOR DECEDENTS DYING ON OR AFTER 1/1/1999 AND THROUGH 12/31/2004 AND FOR DECEDENTS DYING ON OR AFTER 7/1/2009 AND THROUGH 12/31/2017. FOR THE ESTATE OF______________________________________________________ STATE OF __________________________________) ) SS. COUNTY OF ________________________________) BE IT REMEMBERED, that on this ______ day of ______________, ______ personally appeared before me a Notarial Officer of the State and County aforesaid, ____________________________________________, Personal Representative(s)/Surviving Joint Tenant with Right of Survivorship(select one) of __________________________ _________________________, known to me personally to be such, who being duly sworn according to law, did depose and say that: 1. I(We) am(are) the Personal Representative(s)/Surviving Joint Tenant with Right of Survivorship (select one) of__________________________________________________ who died on ___________________ as evidenced by the attached certified copy of a death certificate. 2. The decedent owned the following real property located in Delaware: 3. I(We) have read and understand the requirements for the filing of a State of Delaware Estate Tax Return as prescribed by Section 1505, Title 30, of the Delaware Code, and applicable provisions of the Internal Revenue Code related to filing of federal estate tax returns, and hereby declare that no Delaware Estate Tax Return is required to be filed on behalf of the above-named decedent. IN WITNESS WHEREOF, I(we) have set my(our) hand(s) and seal(s) the day and year first above written. Sign here in front of a notary: ___________________________________________(SEAL) ___________________________________________(SEAL) SWORN AND SUBSCRIBED before me the day and year first above written. ___________________________________________ Notarial Officer My Commission Expires: File: ___________________ Revised: 1-1-2019 AFFIDAVIT TO THE REGISTER OF WILLS THAT NO DELAWARE ESTATE TAX RETURN IS REQUIRED Section 1505, TITLE 30 of the Delaware Code “Returns: Time to File Return and Pay Tax. (a) Duty to file return – An estate tax return shall be filed pursuant to this Chapter in all cases when 1. A resident decedent or a non-resident decedent having real or tangible personal property situated in this state is required to file a federal estate tax return; and 2. The federal estate tax laws allow a credit for state death taxes paid for estates of decedents dying on the date of death of such resident and nonresident decedent, regardless of whether a credit is allowed on the federal estate tax return of such resident or nonresident decedent. (b) Time to file return – The estate tax return required by this chapter shall be filed on or before the due date for the federal estate tax return (with regard to extensions). (c) Time and place for payment of tax – The personal representation shall, without assessment, notice or demand, pay any tax due thereon to the Division of Revenue on or before the date fixed for filing the return. The Director of Revenue shall prescribe the place for filing any return, declaration, statement or other document required pursuant to this chapter and for the payment of any tax.” Not Necessary to File an Estate Tax Return: NO estate tax return is required to be filed when the gross estate, as defined by the federal government, is less than the following values: CALENDAR YEAR EXEMPTED AMOUNT 1999 $650,000 2000 $675,000 2001 $675,000 2002 $1 million 2003 $1 million 2004 $1.5 million 2005 $1.5 million 2006 $2 million 2007 $2 million 2008 $2 million 2009 $3.5 million 2010 $5 million 2011 $5 million 2012 $5.12 million 2013 $5.25 million 2014 $5.34 million 2015 $5.43 million 2016 $5.45 million 2017 $5.49 million Revised: 1-1-2019

Get Your Probate Forms

Need help finding the rest of your Delaware Probate forms?

Atticus has probate and estate settlement forms for your State.

Comments