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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 ...
The Personal Representative of your estate (also commonly referred to as an administrator or executor) is responsible to gather and inventory all of your property at the time of your death, determine all your outstanding debts, pay all of your legitimate debts and then distribute the remaining property in ance ...
Delaware probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
If you are in the trade or business of being an executor, report fees received from the estate as self-employment income on Schedule C (Form 1040), Profit or Loss From Business.
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.
These documents, called either LETTERS TESTAMENTARY (for an executor) or LETTERS OF ADMINISTRATION (for an administrator), are obtained through the Register of Wills in the county in which the DECEDENT (the deceased person) lived at the time of death.
In Delaware, an estate skips probate if it's less than $30,000. That means your heirs might skip the lengthy probate process and claim their inheritance that much more quickly. However, the probate process can be a bit more involved than with other states.
How much are executor fees? Executors can be paid a flat fee, an hourly rate, or a percentage based on the gross value of the estate. When the fees are based on the estate value, they are usually tiered ? like 4% of the first $100,000 of the estate, 3% of the next $100,000, and so on.