Sample Small Estate Affidavit Mail In Request Form (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.

Sample Small Estate Affidavit Mail In Request Form (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 Sample Small Estate Affidavit Mail In Request Form (New Castle County) (New Castle)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Sample Small Estate Affidavit Mail In Request Form (New Castle County) (New Castle):

• This form pertains to the State of Delaware

• The current version of this form was last revised on July 14, 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 Sample Small Estate Affidavit Mail In Request Form (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 Sample Small Estate Affidavit Mail In Request Form (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 Sample Small Estate Affidavit Mail In Request Form (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 Sample Small Estate Affidavit Mail In Request Form (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.

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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 Sample Small Estate Affidavit Mail In Request Form (New Castle County) (New Castle), and when in doubt— consult a qualified trust & estates lawyer for that area.

Sample Small Estate Affidavit Mail In Request Form (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 Sample Small Estate Affidavit Mail In Request Form (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.

Sample Small Estate Affidavit Mail In Request Form (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 Sample Small Estate Affidavit Mail In Request Form (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.

NEW CASTLE 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 any real estate. 2. The decedent must have less than $30,000 in total solely held assets. 3. The requestor must be the named executor in the valid, self-proven, original will. If there is no valid will, the requestor must be the closest next of kin to the decedent (according to Delaware law). 4. The requestor must have a valid reason why they cannot obtain the affidavit in person. 5. The requestor cannot be a convicted felon. NOTE: The gold seal affidavit received from our office cannot be notarized or used until 30 days from the date of death. INSTRUCTIONS: 1. If there is a Will, include the original along with this request form. If the Will has been previously filed, please provide us with the ROW File #FILE # IF THERE IS ONE 2. Mail with a check payable to “Register of Wills” and mail to Register of Wills, 2 nd Floor, 800 N. French Street, Wilmington, DE 19801 3. Mail with an original raised seal 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 with a signature). 5. Refer to the sample and checklist on our website to assist with completing this request: www.nccde.org/681/forms PLEASE COMPLETE ALL ITEMS BELOW: 1. Name of decedent: (must be a New Castle County resident) PERSON WHO DIED 2. Name of requestor: PERSON ASKING FOR AFFIDAVIT 3. Relationship between requestor and decedent: WIFE, EXECUTOR, ETC. (Must be the named executor or the closest next of kin if there is no will) 4. Address of requestor: MAILING ADDRESS FOR REQUESTOR Email address: EX., JOHNDOE@GMAIL.COM Phone number: (XXX)XXX-XXXX 5. Is there a valid Will? Yes No CHECK ONE If yes, mail the original Will to file in Register of Wills. 6. Number of small estate affidavits requested: INSERT NUMBER OF AFFIDAVITS NEEDED Amount enclosed: $ AMOUNT OF CHECK/MONEY ORDER ($10 for the first small estate affidavit, plus $5 for each additional affidavit requested at the same time, plus $1 for postage. Please make check or money order 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 : DESCRIBE EACH ASSET AND VALUE, EXAMPLE, CAR - $5,000, PNC ACCOUNT $150 8. State reason the affidavit must be obtained through the mail instead of at the office: DISABLED, LIVE IN TEXAS, ETC. 9. Has the requestor ever been convicted of a felony? __Yes__No CHECK ONE Date DATE OF REQUEST SIGN HERE Requestor (SIGN ABOVE) NO NOTARY NEEDED NOTE: Please note that a gold seal 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. Failure to fill out this form correctly or to supply all necessary materials will delay processing your request and it may be returned to you. If you have any questions, please call (302) 395-7800. Rev. 7/14/2021