Which statements and financial documents are required for annual and final probate accountings? (DE) | Delaware Probate | FastCounsel
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Which statements and financial documents are required for annual and final probate accountings? (DE)

Detailed Answer

Disclaimer: I am not a lawyer. This article is informational only and is not legal advice. Laws change and specific requirements vary by case. Consult a Delaware probate attorney or your local Register of Wills for binding guidance.

What is an accounting in Delaware probate?

An accounting is a formal statement of the estate’s finances prepared by the personal representative (executor or administrator) or guardian. It shows what the fiduciary received, what was paid out, and the current balance. Delaware law gives fiduciaries duties of care and to report to interested persons; those duties are implemented through inventories, annual accountings in some administrations, and a final accounting at closing. See Delaware probate statutes in Title 12 of the Delaware Code: https://delcode.delaware.gov/title12/.

Core documents and statements typically required

Below are the documents that courts and Registers of Wills commonly expect with annual and final accountings. The exact list may vary by county, by whether the estate is supervised, and by whether beneficiaries waive accountings.

Basic accounting statements (both annual and final)

  • Opening inventory (Schedule A): A complete inventory of probate assets at the start of the administration with estimated values and sources of valuation (bank balances, real property appraisals, brokerage statements).
  • Receipts: A chronological or ledger-style statement showing all amounts collected by the fiduciary (sales proceeds, rents, dividends, insurance proceeds, refunds).
  • Disbursements: A detailed list of payments the fiduciary made for debts, taxes, funeral expenses, administrative expenses, counsel fees, distributions to beneficiaries, and other estate expenses.
  • Current cash balance and asset schedule: A present-day balance sheet showing cash, investments, real property, and other remaining assets, with supporting account/brokerage statements.
  • Transaction support documents: Bank statements, canceled checks or check images, merchant receipts, paid invoices, and brokerage statements that back up receipts and disbursements listed in the accounting.

Documents commonly required with an annual accounting

  • Signed and dated accounting form or petition (where required by the Register of Wills or the court).
  • Ledger or schedule showing the accounting period (start and end dates), opening balances, receipts, disbursements, and ending balances.
  • Copies of bank and brokerage statements covering the accounting period.
  • Explanation of any unusual transactions or distributions (sales of estate property, transfers to beneficiaries).
  • Notice to interested persons that the accounting is filed and information on how to object (if the probate procedure requires notice).

Documents commonly required with a final accounting

  • Full, cumulative accounting: A complete accounting for the entire administration from appointment to closing (opening inventory, all receipts, all disbursements, and the final asset inventory).
  • Schedule of proposed distributions: A worksheet showing each beneficiary, amount to be distributed, and how figures were calculated (including allocation of debts, expenses, and taxes).
  • Paid creditor proofs and releases: Receipts or releases from creditors, or a statement that creditors’ claims were handled per statute.
  • Appraisals: Certified appraisals for non-cash assets where valuation matters for distribution (real property, businesses, antiques, etc.).
  • Tax filings and clearance information: Federal estate tax returns (if required), final income tax returns for the decedent and for the estate, and any statements regarding payment or reserve for taxes. If applicable, submit estate tax closing documents.
  • Receipts and releases from beneficiaries: Final receipts signed by beneficiaries acknowledging distributions, if available (often required before discharge).
  • Proposed order of settlement: A draft order for the court/Register to approve the final accounting and discharge the fiduciary.
  • Bond and surety information: If a bond was posted, proof of release or performance of the bond if the estate is closing.

Procedural notes specific to Delaware

Delaware administers estates under Title 12 of the Delaware Code. The Register of Wills in the county where the decedent lived handles probate intake and many routine filings; more contested or supervised matters proceed in the Court of Chancery or Superior Court depending on the circumstances. For forms and local filing rules, see the Delaware Register of Wills: https://courts.delaware.gov/registerofwills/.

Some practical points:

  • If beneficiaries sign a written waiver or consent to no accounting (or to a simplified accounting), the Register or court may accept fewer documents. Waivers must be knowing and documented.
  • Supervised administrations generally require more formal, court-reviewed accountings than unsupervised administrations.
  • Court procedures may require original documents or certified copies for verification (for example, certified appraisals or tax transcripts).

When you may not need a formal accounting

In Delaware, small estate procedures, beneficiary waivers, or uncontested informal administrations can reduce or eliminate formal accountings. However, fiduciaries should still keep full records. If the estate is supervised, a final court-approved accounting is more likely required.

How to prepare clean, court-ready accountings

  • Keep a chronological ledger from day one. Record every incoming and outgoing item with date, payor/payee, reason, and supporting voucher number.
  • Attach bank/broker statements and link each disbursement to a cleared check image or receipt.
  • Use consistent valuation dates and note the source of values (appraisals, statements, county records).
  • Prepare a clear proposed distribution schedule and include beneficiary contact information so the Register or court can confirm notice.
  • File any required tax returns before closing; keep proof of filing and payment or of reserves made for taxes.

Next steps and when to get help

If you administer an estate in Delaware and face complex assets (business interests, out-of-state property, disputes among beneficiaries, or significant tax issues), consult a probate attorney. An attorney can prepare the accounting, explain notice requirements, and represent you at a settlement hearing.

Helpful Hints

  • Start a dedicated estate bank account immediately to keep estate funds separate from personal funds.
  • Keep original receipts and canceled checks; courts often request originals for verification.
  • Obtain professional appraisals for valuable non-cash assets before distribution.
  • Provide clear notices to all interested persons early to reduce surprise objections at accounting time.
  • Keep a digital backup of all accounting records and supporting documents in searchable form (PDFs ordered by date and category).
  • Check the Register of Wills website for county-specific forms or local instruction: https://courts.delaware.gov/registerofwills/.
  • Reference the Delaware probate statutes for legal background: Title 12, Delaware Code.

If you want, provide basic facts about the estate (approximate size, assets involved, whether supervised administration was opened, whether beneficiaries agree). With those facts I can describe a tailored checklist of documents to gather for an annual or final accounting in Delaware.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.