Probate Instructions (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.

Probate Instructions (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:

Atticus Fast Facts About Probate Instructions (New Castle County) (New Castle)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Probate Instructions (New Castle County) (New Castle):

• This form pertains to the State of Delaware

• The current version of this form was last revised on September 21, 2021

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 Instructions (New Castle County) (New Castle) 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 Instructions (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 Probate Instructions (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 Probate Instructions (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?

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

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 Instructions (New Castle County) (New Castle), and when in doubt— consult a qualified trust & estates lawyer for that area.

Probate Instructions (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 Probate Instructions (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.

Probate Instructions (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.

Here’s the text, verbatim, that is found on Delaware Form Probate Instructions (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.

STEPS FOR PROBATING AN ESTATE A Personal Representative, (PR) also referred to as an Executor/Executrix or Administrator, is the fiduciary put in charge of settling a deceased person's estate. There is a host of duties and responsibilities imposed by law upon the PR. It is the personal representative’s duty/responsibility to ensure that all documents have been filed, fees are paid, and deadlines are met on the probated estate. Failure to do so can and may result in penalties, which may include fees, court appearance, and/or removal of a personal representative. Note that forms, instructions, and samples can be found on our website: www.nccde.org/152/wills . Blank/incomplete forms will not be logged as filed and may be returned to you for completion. As a result, the estate may be subject to a complex case fee as well as late fees. Overdue documents are subject to late fees. Missed appointments without 24 hour notice are subject to a $25 fee. 1. Filing and Proving the Will (if the decedent had a will) – If applicable, this step has been completed. 2. Opening the Estate – You had an appointment with a deputy in our office. You received a complete packet of forms and samples/instructions from your deputy. This step has been completed. . 3. Inventory - START HERE DUE DATE:__________________ FILING FEE: PREPAID, ADDITIONAL PAGES $1/PAGE Within three months after the granting of letters (the date the estate is opened), an Inventory Form 600RW is to be filed with this office. The inventory is a list of the assets of the estate that have been gathered by the personal representative during the three months prior. Note that you received an instruction sheet in your packet to assist in completing this form. On the inventory, the personal representative must list the personal, joint and real estate assets on the proper schedule pages, and the value of those assets at the time of death. Also to be included with real estate is the name, address, relationship and share of the person(s) who inherited the real estate when the owner died as well as the tax parcel number of the property. Overdue documents will be charged a late fee. In addition, there is a penalty for the third returned inventory. The Inventory form should not be submitted to the deputy. The Inventory form should be submitted to the Register of Wills Accounting department via mail or drop off. The inventory will be audited and if errors are discovered, the personal representative will be contacted within a few days. The inventory is not considered filed until all math is correct and pages are filled out correctly. You may check the filing date of your inventory by checking the Wills Search on our website, www.nccde.org/152/wills. 4. State of Delaware, Division of Revenue Estate Tax (302) 577-8170 As of 1/1/99, there is no Delaware inheritance tax. For deaths prior to 6/30/2009, nothing is required to be filed with this office. For more information, contact the Division of Revenue or a tax advisor. Deaths occurring 1/1/2018 to present: There is no longer a Delaware estate tax. No affidavit is required. Ciro Poppiti, III Register of Wills 800 No 800 North French Street, 2nd Floor Louis L Louis L. Redding City/County Bldg. Wilmin Wilmington, DE 19801 Phone 302-395-7800 Fax 302-395-7801 www.nccde.org/wills Deaths occurring between 7/1/2009 and 12/31/17: If no Delaware estate tax is due, an Affidavit That No Delaware Estate Tax Return is Required must be filed with the Register of Wills. The filing fee for the affidavit is $10.00. 5. Accounting DUE DATE:__________________ RECORDING AND INDEXING: PREPAID AT OPENING The next filing requirement with the Register of Wills is the accounting. It is to be filed within one year of opening the estate. Your packet includes a sample for your reference. An accounting begins with the total value of the decedent’s solely owned personal assets as stated on the inventory (“total of probate assets”) and any additional amount which may have come into the estate since the inventory was filed. On the second and third pages, deductions for administrative costs, debts, funeral expenses, and personal representative and attorney’s fees are listed. Deductions for early distributions to beneficiaries are not considered estate expenses and should not be listed. All expenses should be identified individually, and the amount paid shown. You can also list these items on attachments categorized by type of expense. Write or type “See attached” and place the total for that category on the associated subtotal line. If the decedent’s real estate is sold under the direction of the will or by court order, the net proceeds from the sale are to be included under the additional assets section of the accounting. A copy of the settlement sheet must be attached to the accounting. To compute the Total Expenses, add all the deductions on page 2 as well as Attorney’s Fees and Commissions Allowed on the top of page 3. (To assist in determining commissions, please refer to Chancery Court Rule 192.) Subtract Total Expenses from the Total Assets (carried from page 1). The difference is known as the “net personal estate.” The Closing Costs are then determined by taking 1.75% of the net personal estate, plus .25% of the net personal estate (ONLY IF date of death occurred on or after 7/1/2018) plus $5.00 for each release that you wish to file with the Register of Wills. To arrive at the Total Amount Disbursed, add Total Closing Costs to the Total Expenses. The “Balance Remaining in the Hands of the Personal Representative Due the Estate” equals the difference between the Total Assets on page 1 less the Total Disbursed. The following forms need to be filed with the accounting: Form N.C. 5 – List of Beneficiaries. For every beneficiary listed on this form, one of the following forms should also be filed: • Form N.C. 2 – Waiver from each beneficiary to receive mailed notice that an accounting has been filed. • Form N.C. 3 – Same as above; used if beneficiary is legally incapacitated (example, under age, etc.). If the N.C. 2 form cannot be obtained from a beneficiary, then present a stamped envelope addressed to the beneficiary to the Register of Wills office and complete form N.C. 1 at closing (Step 6 below) for mailing. Submit the complete accounting to the deputy via mail or drop-off. At this time, you will also need to submit a cancelled check or receipts evidencing payment for every debt and expense (deductions) listed on the accounting. If the above NC5 and NC2 forms are complete, please submit those as well. The deputy will audit the account and you will be notified that it has been approved or if corrections are necessary. This process will take at least 10 business days. You may verify that the account has been received by the deputy by checking the estate information under Wills Search on our website, www.nccde.org/152/wills. 6. Closing the Estate After the accounting has been audited and approved, the deputy will contact you to schedule an appointment to close the estate. At the closing, the personal representative will be administered an oath, sign a form for that oath, and must present a check or cash for any final costs due. The accounting will go through a final check process. Once that has been completed an Estate Closed Document will be issued verifying that all filing requirements have been met and all fees have been paid.