Probate Brochure (Kent)

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.

Probate Brochure (Kent) 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:

Atticus Fast Facts About Probate Brochure (Kent)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Probate Brochure (Kent):

• This form pertains to the State of Delaware

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 Probate Brochure (Kent) 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 Probate Brochure (Kent), 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 Probate Brochure (Kent) 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 Probate Brochure (Kent) 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 Probate Brochure (Kent), and when in doubt— consult a qualified trust & estates lawyer for that area.

Probate Brochure (Kent) 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 Probate Brochure (Kent) 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.

Probate Brochure (Kent) 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 Probate Brochure (Kent). You can use this to get an idea of the context of the form and what type of information is needed.

1 Kent County Register of Wills What do you do when someone passes away? A brief overview of what the law requires when someone passes away in Delaware. We strongly advise you to seek professional legal advice as this brochure is not intended as a substitute for consulting with an attorney. 2 Kent County Register of Wills Harold K. Brode Register of Wills Kent County Levy Court Register of Wills 555 S. Bay Rd. Dover, DE 19901 302-744-2330 www.kentcountyde.gov registrar@kentcountyde.gov Monday – Friday 8:00 a.m. – 5:00 p.m. Appointments must be made for the opening and closing of estates. What is a will? A will is a written set of legally enforceable orders directing the transfer of property to named beneficiaries effective upon the death of the maker. What is required to make a valid will? 1. The maker must be at least 18 years of age and of sound and disposing mind and memory; 2. The will must be in writing. A will written entirely in the Testator’s handwriting (a holographic will) is valid in Delaware if the other requirements are met. 3. The will must be signed by the maker or signed by a person writing the maker’s name in his/her/their presence and at the maker’s direction. 4. The will must be witnessed by two or more credible adult witnesses who were present when the maker 3 signed the will. (Yes, a beneficiary may be a witness). 5. Notarization of all signatures is optional, but recommended. Filing the will after the maker dies After the maker dies, it is the legal duty of any person in possession of any document that might be a will to deliver it to the Register of Wills within ten (10) days after receiving notice of the maker’s death. Proving the will after the maker dies The Register of Wills determines a will’s validity. A will is proven valid if its witnesses swear to its validity or it has a self-proving page attached with the signature of the two witnesses and a notary. If a will is not proven, it is rejected and has no force or effect. Probating an estate When does an estate have to be probated? An estate must be opened for probate if: 1. The decedent had more than $30,000 in personal property held in his/her/their name alone. 2. The decedent owned real estate in Delaware in his/her/their name alone (either solely held or as a tenant in common with others). When does an estate not need to be probated? Jointly Held Property If the deceased person held real estate, bank accounts, motor vehicles and/or other property (stocks, bonds, etc.) in joint names with the right of survivorship, then the surviving joint tenant (co-owner) 4 receives that property upon the death of the deceased person. This will happen regardless of any contrary language in a will. However, if a catastrophic accident happens resulting in the death of both joint owners, then the will or intestate succession laws determine the e disposition of the jointly held property. If real estate property is owned Jointly Held with the Rights of Survivorship (the deed is controlling) with a surviving joint tenant or spouse, the surviving joint tenant or spouse may clear title by filing an Affida vit of Jointly Held Property. Insurance Proceeds Life insurance proceeds are not part of an estate’s assets if paid to a named beneficiary who survives the insured. Small Estates if a decedent does not have solely owned real estate and has less than $30,000 in solely owned personal property (i.e. car, boat, tractor, bank account, etc.), then only the immediate next of kin may obtain possession of that property by executing a Small Estate Affida vit. If there is a will and the estate qualifies as a small estate, the person obtaining possession must comply with the terms of the will. If there is no will, they must comply with Delaware’s intestate succession laws and, after payment of debts, distribute the assets accordingly. 5 Probate Procedures If an estate must be opened for probate, the personal representative (executor or administrator) must petition the Register of Wills for letters of authority to administer the estate. If there is no will, the next of kin, in the following priority, have the right to petition for Letters of Administration: 1. Spouse; 2. Children; 3. Parents; 4. Siblings (of the whole and half-blood). Therefore, the spouse has priority if the spouse is living. However, the spouse may renounce (give up) his/her/their right to administer the estate. If the next of kin are children, all of the children have an equal right to act. Usually, only one or two people administer an estate. It may be appropriate for the children to agree who should act and the others renounce (give up). They must file a notarized renunciation form with the Register of Wills before the estate can be opened and letters issued. If there are no next of kin having priority or none of those persons has applied to administer the estate within 60 days of the date of death, then the Register of Wills may appoint any interested person to be the administrator. 6 Duties of Executor or Administrator 1. File a certified copy of the death certificate (this will be returned to you), along with an original will (this will not be returned to you), and the petition for authority to act; 2. Schedule an appointment to open the estate and, at the time of the appointment, pay the requisite fees. 3. Publish legal notice of the filing of the petition in a local newspaper as required by law (you will sign the notice at the appointment and we will submit it for publication). This notice advises creditors of the death, of the estate opening, and that claims against the estate must be filed within eight (8) months of the date of death. 4. Collect, inquire about, manage, and protect all probate assets. 5. File an inventory of the assets within three (3) months after opening the estate, including all jointly held property. 6. Set aside from the assets the spouses allowance, if requested, and the spouse’s elective share, as required by law. 7. Pay the valid debts of the decedent; 8. File and pay any Federal/State estate taxes within 9 months of date of death. 9. File an accounting within one year of opening the estate. This is a report of the total probate assets received, income earned by the estate, and the debts paid. 10. Close the estate by proving payments of debts and expenses, taking an oath that the estate was administered properly, and paying a closing fee of 1.75% of the “net personal estate” assets. 7 General Information About Death Benefits  The Social Security Administration will pay a specific amount as a death benefit for covered individuals who were receiving benefits or are eligible survivors. This benefit is paid to the surviving spouse or to the minor children.  The Veterans Administration will also pay a benefit for a deceased veteran.  In addition, the decedent may have purchased funeral insurance, or may have been a member of an organization that provides such related benefits.  Although it is not the responsibility of the personal representative to see that these amounts are collected and paid, these matters should be investigated in order to discharge his or her duties effectively. Helpful Resources  Community Legal Aid Society, Inc. (CLASI) 800 Walker Rd. Dover, DE 19904 (302) 674-8500  Delaware State Bar Association (302)658‐5279 405 N. King Street Suite 100 Wilmington, DE 19801  Delaware Volunteer Legal Services Legal Help Link https://www.dvls.org/ (302)478‐8680 P.O. Box 7306 Wilmington, DE 19803 8  Delaware Aging and Disability Resource Center Milford State Service Center 18 N. Walnut St., First Floor Milford, DE 19963 (800) 223-9074 DelawareADRC@delaware.gov  Legal Services Corporation of Delaware, Inc. 24A Hiawatha Lane Dover, DE 19904 (302) 734-8820  Life Insurance Policy Search: American Council of Life Insurance Policy Search https://www.acli.com/pages/missing-policy-tips Medicaid DHSS Herman Holloway Campus, Lewis Building 201901 N. DuPont Highway New Castle, DE 19720 (800) 372‐2022 or (302)255‐9500  Medicare: Delaware Claims Information (800) 633‐4227  Social Security Survivors Benefit (877) 701‐2141 Blue Hen Corporate Center Suite 3J 655 S Bay Rd., Dover, DE 19904  Veterans Administration Gravestone Markers for Unmarked Graves (800) 827‐1000 1601 Kirkwood Highway Wilmington, DE 19805  Vital Statistics Death Certificates 302‐744-4549 417 Federal St. Dover, DE 19901 9 Glossary Administrator/Administratrix - Person appointed by the Register of Wills or the Court to gather and distribute assets of person who died without leaving a Will. Beneficiary - A person who receives property or other benefits. Codicil - A supplement or an addition to a Will. It may explain, modify, add to, subtract from, qualify, alter, restrain or revoke provisions in a Will. It must be executed with the same formalities as a Will. Decedent - A deceased person; the person who died. Elective Share - The surviving spouse's right to take a statutory share of the decedent's estate rather than under a Will or the intestate laws. Estate - Everything a person owned at the time of death. Executor/Executrix - Person appointed by the testator (maker) to carry out the directions and requests in his/her Will. Filing/Registration of Will - The filing of an original Will at the Register of Wills office after an individual’s death. Interested Persons - Includes heirs, devisees, children, spouse, creditors, beneficiaries, and any others having a property right in or claim against the estate of a decedent which may be affected by the particular proceeding. Intestate - A decedent who left no Will. Intestate Succession - The laws that stipulate who is to take the decedent's property if the decedent dies without a Will or if the decedent's Will does not dispose of all the property. 10 Issue - All of a person's lineal decedents of all generations (children, grandchildren, great-grandchildren, etc.). Letters of Administration - The order issued by the Register of Wills empowering a party to gather and distribute the assets of an estate when the decedent died without a Will or did not name an executor in a Will or where the executor dies, renounces (gives up) his appointment or is not qualified. Letters Testamentary - The order issued by the Register of Wills to the executor named in the Will of the decedent to allow the executor to administer the estate. Life Estate - A right to use or occupy property for the life of the person named, which ends upon the death or surrender of the person named. Next of Kin - Those persons most closely related to a decedent by blood (i.e. children, parents, brothers and sisters, etc.). Personal Property - Any property which is not included in the definition of real property; tangible property such as: furniture, books, automobiles, jewelry and clothes; and, intangible property such as: money, stocks, bonds and/or bank accounts. Per Stirpes - This phrase refers to the method of dividing a share of an estate where a class or group of beneficiaries takes the share their ancestor would have taken if he/she survived the testator. For example, if person P dies leaving no spouse and is survived by two children A and B and the two children of his deceased child C (E and F) – then A and B would each receive 1/3 of the estate and E and F would equally share C’s 1/3, thereby each receiving 1/6. 11 Probate - 1) The entire system or process provided by law for transferring the property of a decedent to heirs; and, 2) The act or process of proving a Will to be valid before the Register of Wills. Real Property - Land and things attached to land; buildings, fences, walls, trees, growing crops, etc. Spouse Allowance - The surviving spouse’s right to request up to $7500 from the personal representative in addition to any other provisions for his/her benefit contained in a Will or by intestate law. A written request sent to the Register of Wills is required. Testator/Testatrix - Person who makes a Will (the maker). Witness - A person who is over 18, not incompetent, and witnesses the testator's original signature to a Will and who, in the presence of the testator, signs the Will attesting his presence at the time the testator signed, or acknowledged signing, the Will. A person is not disqualified from being a witness because he or she is a beneficiary of the testator.