Delaware Affidavit That All the Estate Assets Have Been Distributed to Devisees by Executor or Estate Representative with Statement Concerning Debts and Taxes

State:
Multi-State
Control #:
US-OG-015
Format:
Word; 
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Description

Some states do not provide for the formal closing of an estate, or that an order by entered to that effect. On being advised that an estate has been closed, and distribution of the estate's assets are to be made to devisees, a purchaser of production may request some evidence that all debts and taxes have been paid or provided for. This Affidavit provides evidence that an estate is closed, and debts and taxes are paid or provided for.

How to fill out Affidavit That All The Estate Assets Have Been Distributed To Devisees By Executor Or Estate Representative With Statement Concerning Debts And Taxes?

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FAQ

In Delaware, the following assets are subject to probate: Solely-owned property: Any asset that was solely owned by the deceased person with no designated beneficiary is subject to probate. This could include bank accounts, cars, houses, personal belongings, and business interests.

Despite the lack of statutory guidance on executor fees in Delaware, the general consensus among legal professionals is that an executor can expect to receive about 2-5% of the estate's value. However, this percentage can fluctuate based on the specifics of the estate and the executor's responsibilities.

Whenever a new estate asset is found, there's no need to obtain a new grant of probate. But the existence of the newly discovered (or received) asset must be disclosed to the court.

DE Specifics In Delaware, creditors have up to 8 months from the decedent's death to file a claim against the estate (see 12 DE Code § 2102).

Every estate is different and can take a different length of time to administer depending on its complexity. There is a general expectation that an executor or administrator should try to complete the estate administration within a year of the death, and this is referred to as the executor's year.

Except where circumstances justify a longer period, an executor or administrator shall have 1 year from the date of letters for settling the estate of the decedent; and until the expiration of that time, the executor or administrator shall not be required to make distribution, nor be chargeable with interest upon the ...

If there are no children, then the estate goes to the deceased's parents, if they are living. If the deceased has no children and their parents are no longer living, then their estate is to be passed down to his or her siblings in equal shares. If there are no siblings, then it goes to the next of kin.

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Delaware Affidavit That All the Estate Assets Have Been Distributed to Devisees by Executor or Estate Representative with Statement Concerning Debts and Taxes