Delaware Probate Form

Request For Small Estate Affidavit Via Mail (Kent)

Everything you need to know about Delaware Form Request For Small Estate Affidavit Via Mail (Kent), including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related DE probate forms.

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About Request For Small Estate Affidavit Via Mail (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.

Request For Small Estate Affidavit Via Mail (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 Request For Small Estate Affidavit Via Mail (Kent)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Request For Small Estate Affidavit Via Mail (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 Request For Small Estate Affidavit Via Mail (Kent) up to date, certain details can change from time-to-time with little or no communication.

How to file Form Request For Small Estate Affidavit Via Mail (Kent)

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 Request For Small Estate Affidavit Via Mail (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 Request For Small Estate Affidavit Via Mail (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 Request For Small Estate Affidavit Via Mail (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?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Request For Small Estate Affidavit Via Mail (Kent) 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 Request For Small Estate Affidavit Via Mail (Kent), and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit this form Online

Request For Small Estate Affidavit Via Mail (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 Request For Small Estate Affidavit Via Mail (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.

Request For Small Estate Affidavit Via Mail (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.

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Did you know?

  • Form Request For Small Estate Affidavit Via Mail (Kent) is a probate form in Delaware.

  • 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 Request For Small Estate Affidavit Via Mail (Kent)

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 Request For Small Estate Affidavit Via Mail (Kent)

Here’s the text, verbatim, that is found on Delaware Form Request For Small Estate Affidavit Via Mail (Kent). You can use this to get an idea of the context of the form and what type of information is needed.

Request for Small Estate Affidavit via Mail – Revised July 2024 KENT COUNTY REGISTER OF WILLS REQUEST FOR SMALL ESTATE AFFIDAVIT VIA MAIL REQUIREMENTS: To be eligible for a small estate affidavit by mail: 1. The decedent must NOT solely own real estate. 2. The decedent must have less than $30,000 in assets (if date of death is before 2004, less than $20,000). 3. The requester must be the named executor in a valid, self-proven, original will. If there is no valid will, the requester must be the closest next of kin to the decedent (according to Delaware law). 4. The requester must have a valid reason why they cannot obtain the affidavit in person. 5. The requester cannot be a convicted felon. ***NOTE: The affidavit cannot be notarized or used until 30 days from the date of death.*** Instructions: 1.If there is a will that has not been previously filed, include the original along with this request form . If the will has been previously filed; please provide us with the ROW File #_____________________. 2.Mail with a check or money order to Register of Wills, 555 S. Bay Road, Dover, DE 19901. 3.Mail with an original or certified copy of the death certificate (Unfortunately, we cannot return the death certificate if it is being filed with an original will). 4.Include a copy of the front and back of the requestor’s driver’s license (or other acceptable photo ID). PLEASE COMPLETE ALL ITEMS BELOW: 1.Full Name of decedent (must be a Kent County resident)_________________________________________ 2.Relationship between requester and decedent: _________________________________________________ (Must be the named executor or, if there is no will, the closest next of kin. Renunciations cannot be accepted.) 3.Full Name of the requester: ________________ ________________________________________________ 4.Full Address of the requester: ______________________________________________________________ Email Address: __________________________________Telephone #:______________________ 5.Is there a valid Will? __ Yes __ No. If yes, mail the original Will to be filed permanently in the Register of Wills. 6.Number of small estate affidavits:__________________ Amount enclosed:_________________________ ($10 for the first affidavit, and $5 for each additional affidavit requested at the same time,$2 per page for original Will, $1 for death certificate, plus $1 for postage. Please make check payable to ‘Register of Wills’). 7.List each asset(s) separately and dollar amount of each asset(s), e.g. Wells Fargo bank checking account =$500.00; Car = $3000, etc.: __________________________________________________________________________________ 8.State reason the affidavit must be obtained through the mail instead of in-person: _____________________________________________________________________________________ 9.Has the requester ever been convicted of a felony? __ Yes __ No Date______________________________ __________________________________________ Requester signature (no notary required) NOTE: Please take note that an affidavit received by mail will NOT be able to be used until it is properly notarized and 30 days have passed since the date of death. Upon receipt of the affidavit, you must take it to a notary and sign the aff idavit in front of them. Failure to fill out this form correctly or to supply all necessary materials will delay your receipt of the affidavit. If you have any questions, please call (302) 744-2330

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