Last updated: 9/14/2023
Petition To Terminate Due To Death Of The Person With A Disability (Person-Property) {CM75}
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Description
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE Register in Chancery Kent County 38 The Green, Ste. 208 Dover, DE 19901 302 - 735 - 1930 Register in Chancery New Castle County 500 N. King Street, St e . 11600 Wilmington, DE 19801 302 - 255 - 0544 Register in Chancery Sussex County 34 The Circle Georgetown, DE 19947 302 - 856 - 5775 Procedures for filing a Petition to Terminate Guardianship of the Person and Property Due to the Death of the Person with a Disability The petition to terminate requires the following : o A completed petition. The court clerk cannot complete the petition for you. The guardian s(s ) signature(s) will need to be notarized. If you appear in O ffice with identification and the correct paperwork, your signature ( s ) O ffice. o A copy of the guardians hip bank statement(s) dated within the thirty days prior to filing the petition. o A copy of the death certificate for the person with a disability. o A final accounting if the guardian(s) was/were required to file accountings. o A small estate affidavit or short certific ate from the Register of Wills. Kent County: 302 - 744 - 23 30 New Castle County: 302 - 395 - 7800 Sussex County: 302 - 855 - 787 5 o The filing fee for the petition is $15.00 . We accept cash , check or money order (made ). It is the responsibility to provide the Court with photocopies of all supporting documentation. If the Register in Chancer photocopies for you, we will charge a $1.50 per page fee. When submitting your supporting documentation, it must be filed on regular 11 x 8.5 paper that can be easily scanned onto the computer. You may mail the completed petition to the Register in Chancery in the county where your guardianship case was established and the completed or der will be mailed back to you. Rev. 05 /201 8 American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE In the Matter of: , A person with a disability : : : : C.M. #: Petition to Terminate Guardianship of the Person and Property Due to the Death of the Person with a Disability 1. Name of guardian(s): 2. Date guardian(s) was/were appointed: 3. The person with a disability passed away on 4. Accounting a. A final accounting was filed with the Court on and approved on OR b. T he guardian(s) was/were relieved of the requirement of filing annual accountings by court order dated . 5. The guardian(s) hold (s) the following property for the decedent [list all property including the name (s) of the bank (s) , the account number (s) and the balance in the account (s) ]: . American LegalNet, Inc. www.FormsWorkFlow.com 6. has been appointed Executor, Administrator or Personal Representative for the estate of the person with a disability as indicated by a Small Estate Affidavit or Short Certificate . Co - Complete a ddress Complete a ddress Complete addres s Complete address Phone Number Phone Number STATE OF : COUNTY OF : This instrument was acknowledged before me on this day of , 20 by [Name of affiant] . Notary Public/ Chancery Court Clerk American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE In the Matter of: , A person with a disability : : : : CM # ORDER TO TERMINATE GUARDIANSHIP DUE TO THE DEATH OF THE PERSON WITH A DISABILITY WHEREAS , the petition to terminate the guardianship due to the death of the person with a disability having been presented and duly considered by this Court; WHEREAS, the guardian(s) is/are relieved of the requirement of filing a final accounting; IT IS HEREBY ORDERED, this day of , 20 , as follows: 1. The guardianship is terminated due to the death of the person with a disability . 2. The guardian ( s ) , , is/ are now relieved of all obligation s regarding the person with a disability , the bond(s) is/are cancelled and the guardianship is terminated. Chancellor/Vice Chancellor/Master American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE In the Matter of: , A p erson with a disability : : : : CM # ORDER TO TERMINATE GUARDIANSHIP DUE TO THE DEATH OF THE PERSON WITH A DISABILITY WHEREAS , the petition to terminate the guardianship due to the death of the person with a disability having been presented and duly considered by this Court; WHEREAS, the final accounting having been approved; IT IS HEREBY ORDERED, this day of , 20 , as follows: 1. The guardian(s), , is/are hereby authorized and directed to transfer all guardianshi p assets to estate. 2. Upon receipt of such property, the guardian(s) shall be discharged from all further responsibility as to such property, the bond(s) is/are cancelled and the guardianship shall be terminated. Chancellor/Vice Chancellor/Master American LegalNet, Inc. www.FormsWorkFlow.com
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