Petition To Act As Personal Representative (Sussex County) (Sussex)

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.

Petition To Act As Personal Representative (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:

Used to open estates.

Atticus Fast Facts About Petition To Act As Personal Representative (Sussex County) (Sussex)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition To Act As Personal Representative (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 Petition To Act As Personal Representative (Sussex County) (Sussex) up to date, certain details can change from time-to-time with little or no communication.

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 Petition To Act As Personal Representative (Sussex County) (Sussex), 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 Petition To Act As Personal Representative (Sussex County) (Sussex) 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 Petition To Act As Personal Representative (Sussex County) (Sussex) 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?

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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.

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 Petition To Act As Personal Representative (Sussex County) (Sussex), and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition To Act As Personal Representative (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 Petition To Act As Personal Representative (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.

Petition To Act As Personal Representative (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.

Here’s the text, verbatim, that is found on Delaware Form Petition To Act As Personal Representative (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 08/2019 5 East Pine Street P.O. Box 743 Georgetown, DE 19947 Phone: (302) 855-7875 Fax: (302) 853-5871 sussexcountyde.gov Register of Wills PETITION TO ACT AS PERSONAL REPRESENTATIVE To: The Register of Wills for the County of Sussex State of Delaware. In the matter of the estate of: ____________________________________________________ Decedent I. the “Petitioner(s)” represent(s) that: (1)The decedent died on a resident of . (2)The decedent had no Will. The decedent had a Will dated ____________________________. (3)Since the execution of the Will (if referred to above), the decedent has has not married, and child(ren) were born to the decedent. (4)Does this Will create a trust? Yes No If yes, please fill out a Trust Inquiry Form. (5)I/We declare under penalty of perjury that I/we have never been convicted of a felony in this or any other jurisdiction. Initial(s): __________ II.Petitioner(s ) request(s) the grant of: (check one) Letters Testamentary Letters of Administration Letters of Administration with Will Annexed Letters of Ancillary Administration with Will Annexed Letters for Appointment of a Successor Administration Letters for Appointment of a Successor Administration Letters of Ancillary Administration with Will Annexed III.The decedent was survived by the following persons: NAME RELATIONSHIP ADDRESS Spouse Next of Kin (Blood Relative) } PETITION Revised 08/2019 IV. The decedent owned personal property valued at $______________________ and/or real estate to the value of $_____________________ located in ______________ County, State of Delaware, as follows (describe real estate): V.A bond is not required. STATE OF DELAWARE County of: _______________________ _______________________ _______________________ _______________________ __ _______________________ ____________________________________________________________ named in this application, being duly sworn according to law say(s) that the matters alleged in this petition are true and correct to the best of his her their knowledge and belief. ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ SWORN TO AND SUBSCRIBED before me, this _______ day of __________________ A.D. ________ ______________________________________________ Notary Public / Register of Wills Attorney of Record: Address: