Everything you need to know about Delaware Form NDITDA98, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related DE probate forms.
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 Delware Estate Tax Return Required For Deaths In The Year 1998 (Sussex County) (Sussex) 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 in 1998 only. Used by husband and wife to clear title of property.
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit Of No Delware Estate Tax Return Required For Deaths In The Year 1998 (Sussex County) (Sussex):
This form pertains to the State of Delaware
The current version of this form was last revised on January 1, 1970
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 NDITDA98 - Affidavit Of No Delware Estate Tax Return Required For Deaths In The Year 1998 (Sussex County) (Sussex) up to date, certain details can change from time-to-time with little or no communication.
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.
Fill out all relevant fields in Form NDITDA98, 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 NDITDA98 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).
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.
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.
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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.
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?
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.
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.
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.
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 NDITDA98, and when in doubt— consult a qualified trust & estates lawyer for that area.
Affidavit Of No Delware Estate Tax Return Required For Deaths In The Year 1998 (Sussex County) (Sussex) 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 NDITDA98 - Affidavit Of No Delware Estate Tax Return Required For Deaths In The Year 1998 (Sussex County) (Sussex) 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 Delware Estate Tax Return Required For Deaths In The Year 1998 (Sussex County) (Sussex) 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.
Form NDITDA98 - Affidavit Of No Delware Estate Tax Return Required For Deaths In The Year 1998 (Sussex County) (Sussex) is a probate form in Delaware.
For deaths occurring in 1998 only. Used by husband and wife to clear title of property.
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.
What is Delaware Form NDITDA98 - Affidavit Of No Delware Estate Tax Return Required For Deaths In The Year 1998 (Sussex County) (Sussex)?
For deaths occurring in 1998 only. Used by husband and wife to clear title of property.
What is probate, exactly?
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.
Where can I get help with 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!
What does a DE executor or personal representative have to do?
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.
Here’s the text, verbatim, that is found on Delaware Form NDITDA98 - Affidavit Of No Delware Estate Tax Return Required For Deaths In The Year 1998 (Sussex County) (Sussex). You can use this to get an idea of the context of the form and what type of information is needed.
Revised 09/2018 5 East Pine Street P.O. Box 743 Georgetown, DE 19947 Phone: (302) 855-7875 Fax: (302) 853-5871 sussexcountyde.gov Register of Wills AFFIDAVIT TO THE REGISTER OF WILLS THAT NO DELAWARE INHERITANCE TAX RETURN IS REQUIRED FOR DECEDENTS DYING 1998 ONLY Rev. Code 002-02 For the Estate of Social Security # STATE OF ) )SS. COUNTY OF ) BE IT REMEMBERED, that on this day of A.D., , 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.The entire interest in the above mentioned real property passes to the surviving spouse _________________________________________________ _____________, whose address is ___________________________________________________ _____________________________. 4.I (we) have read and understand the requirements for the filing of a State of Delaware Inheritance Tax Return as prescribed by Section 1341, Title 30, of the Delaware Code, and hereby declare that no such 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. _______________________________________________________________ (SEAL) __________________ _____________________________________________ (SEAL) SWORN A ND SUBSCRIBED before me the day and year first written. __________________ ____________________ NOTARIAL OFFICER My Commission Expires: __________________ FORM NDITDA98 Revised 09/2018 INSTRUCTIONS FOR AFFIDAVIT THAT NO DELAWARE INHERITANCE TAX RETURN IS REQUIRED NDITDA98 This form, together with a certified copy of the decedent’s death certificate, must be filed in the office of the Register of Wills in the county in which letters of administration may have been granted, as well as in any other county in Delaware in which the decedent owned real property, when the following conditions exist, where applicable: 1.The value of the gross estate passing to the husband or wife does not exceed $250,000 not including property owned as tenants by the entirety or as joint tenants with rights of survivorship and there is no Delaware Inheritance Tax due. There will be a tax due if the taxable share, column 4 of the computation schedule Form 600, exceeds $140,000. 2.The value of the gross estate passing to a parent, grandparent, child by birth, wife or widow of a son, husband or widower of a daughter, child by legal adoption, stepchild, or the lineal descendent of the decedent or the stepchild, does not exceed $100,000 and there is no real property passing to any of the above described persons. 3.The value of the gross estate passing to a brother, sister, aunt, uncle, great aunt or uncle, niece, nephew, grandniece or nephew, great grandniece or nephew, first cousin, or a first cousin once removed does not exceed $10,000 and there is no real property passing to any of the above described persons. 4.The value of the gross estate passing to any other person does not exceed $2,000 and there is no real estate. Where real property passes to a surviving spouse, describe each parcel of real estate in enough detail that it can be easily identified. Include street address, development, tax parcel number and deed record number and, for rural parcels, the acreage, hundred, road name and number, tax parcel and deed record number. A COPY OF THIS FORM IS TO BE FILED WITH THE DIVISION OF REVENUE. IF YOU HAVE ANY QUESTIONS REGARDING THESE INSTRUCTIONS, PLEASE CALL (302)577-8200; AFTER THE SERIES OF SELECTIONS, PRESS 1 FOR A CUSTOMER SERVICE REPRESENTATIVE.
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