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Notice of Petition for Appointment

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Guardian’s Account

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

Register in Chancery Kent County
38 The Green, Dover, DE 19901
302-735-1930

Register in Chancery New Castle County
500 N. King Street, St. 1551, Wilmington, DE 19801
302-255-0544

Register in Chancery Sussex County
34 The Circle, Georgetown, DE 19947
302-856-5775

In the Matter of: , a disabled person

Court of Chancery C.M. #

GUARDIAN’S ACCOUNT

Accounting Number: Please circle or fill-in the appropriate number

Accounting Period: to

Date Guardian was appointed:

Guardian’s Information

Guardian’s name:

Guardian’s complete address:

Guardian’s phone number:

If applicable:

Co-Guardian’s name:

Co-Guardian’s complete address:

Co-Guardian’s phone number:

Disabled Person’s Information

Per Chancery Rule 180(b), the attached status report must also be filed (with the Doctor’s signature).


Annual Update & Medical Statement

I, , was appointed Guardian of

on

1. My current mailing address is the following:

2. My current telephone number is:

3. Name of Disabled Person: Date of Birth:

4. Disabled Person’s Residence:

Type of facility:

Disabled Person’s Home

Guardian’s Home

Group Home

Foster Home

Nursing Home

State Facility

Other (specify)

Agency providing care (i.e. Easter Seals, Chimes, DDDS, etc):

Other agencies involved with the disabled person:

If there has been a change in residence since last review, give a reason for the change:

5. Describe the management of the disabled person’s financial affairs:

If the guardian(s) do(es) not manage the disabled person’s financial affairs, who does?

6. Have burial arrangements been established for the disabled person?

Yes No

If so, through what provisions:

7. Describe relationship with family (or interested parties):

8. Any additional information the Guardian desires to share with the Court:

9. Explain why this guardianship should be continued:

Guardian’s signature
Co-Guardian’s signature

Physician’s Statement

The attending physician, last examined

on the following date

Describe physical health of the disabled person/diagnosis:

Significant changes since last review:

Hospitalizations/Surgical procedures since last review:

Consequently, there is a continued need for guardianship of the disabled person:

Yes No

If No, why not?

Date
Physician’s signature

Additional Information Regarding Accountings

The Guardian(s) is/are required to file an accounting every year on the anniversary date of their appointment as Guardian (per Chancery Rule 114).

If additional space is required on schedules, please insert sheets of the same size. All items must be listed as separate entries. Spreadsheets can be filed as an attachment to any schedule.

Please make sure to supply the name, relationship and current address of all next-of-kin (interested parties).

The Guardian(s) signature(s) is/are to be notarized on either the C-16-A or C-16-B form.

The Guardian(s) is/are also required to provide cancelled checks, bank statements, receipts and any other pertinent information to show how the disabled person’s money was used.

Supporting documents are not kept by the Register in Chancery after review.

As the guardian(s), I wish for all supporting documentation to be:

Shredded by the Register in Chancery Clerk

Returned to the guardian

I have read the accounting instructions.

Guardian
Date
Co-Guardian
Date

Summary

Schedule A - Principal on Hand:

Schedule B - Additions to Principal:

Schedule C - Income Received:

Total:

Schedule D - Deductions from Principal:

Schedule E - Income Paid Out:

Total:

Schedule F - Principal Remaining on Hand:

Please note that a copy of all bank statements, receipts and invoices paid during the accounting period must be filed with the accounting.

Schedule A

Amount of principal on hand on

Description of asset / Value

Schedule B

Additions to principal, when made, and the source from which they were obtained.

Schedule C

Income received, when received and from what source.

Schedule D

Deductions from principal, when made and for what purpose.

Schedule E

Income paid out/expenses paid, to whom, when paid, and for what purpose.

Schedule F

Principal on hand at the end of the accounting period.

List of Beneficiaries/Interested Parties

List any and all next-of-kin and beneficiaries over the age of eighteen.

Waiver of Notice and Consent

Next-of-kin may sign the attached waiver of notice and consent to the accounting.

If no consent is attached, the Clerk will mail notice to them.

Name of consenting party:

Date:

Signature:


Final / Non-Final Accounting Certification

Guardian:

Guardianship Case #

IMO

Guardian
Co-Guardian

Sworn to and subscribed before me this day of A.D. 20

Notary Public
Notary Public

(Section below to be completed by the Court)

I, , do hereby certify that I have examined the foregoing account, tried the calculations and additions, compared the vouchers and find the same correct as shown.

Court Clerk
Register in Chancery

And further, that on the day of A.D. 20 , I did send by mail to the beneficiary(ies) at their addresses shown in the accounting notice that said account had been filed and would remain open for inspection and exception of any interested party for thirty days from said date; and that no exceptions thereto have been filed to the day of A.D. 20 .

Court Clerk
Register in Chancery

This day of , 20 , the foregoing account has been examined and neither the trustee nor any party of interest has requested that the investment of the principal be approved or disapproved; it is therefore ordered by the Court that the remainder of the account be and hereby is approved, without passing upon the manner in which the principal has been or is now invested.

CHANCELLOR/VICE CHANCELLOR/MASTER

Enter text

What a Notice of Petition for Appointment Is

The Notice of Petition for Appointment is a probate court filing that informs interested parties that a petitioner has asked the court to appoint a personal representative, administrator, or conservator for a decedent's estate. It identifies the petitioner, the proposed fiduciary, the probate court, the case number, and the hearing date, time, and place. The notice gives heirs, beneficiaries, and known creditors an opportunity to appear or object and records service and publication required by state probate rules.

Why a Proper Notice Matters in Probate

A complete, timely Notice of Petition for Appointment preserves the court's jurisdiction, protects parties' rights to object, and documents compliance with statutory service and publication requirements. Proper notice reduces the risk of contested appointments, delays, and post-appointment challenges that can increase costs for the estate and its beneficiaries.

Why a Proper Notice Matters in Probate

Who Prepares and Receives This Notice

Individuals and professionals prepare this notice when opening probate to inform heirs, beneficiaries, and interested parties about the appointment hearing.

  • Individual petitioners typically family members or nominated fiduciaries who file to be appointed and serve required parties in person or by mail.
  • Estate attorneys prepare, review, and file notices as part of the probate petition and advise on service and publication requirements applicable in the county.
  • Court clerks accept filings, advise on local formatting rules, and record proofs of service and publication required by the court.

Step-by-Step: Preparing and Serving the Notice

Follow these steps to prepare and issue a Notice of Petition for Appointment and to document service and filing with the probate court.

  • 01
    Gather Documents: Obtain death certificate, will, and identity documents.
  • 02
    Draft Notice: Complete petitioner, proposed appointee, and hearing details accurately.
  • 03
    Serve Parties: Follow state rules for personal service, mail, or publication.
  • 04
    File Proof: File affidavit of service or publication with the court clerk.

Where to File and How Notices Are Routed

File the original Notice of Petition for Appointment with the probate court clerk and serve all required recipients in the manner specified by state statute or local court rules.

  • File with Court: Submit the original notice to the probate clerk at the county courthouse.
  • Serve Heirs: Provide personal or mailed notice to statutory heirs and beneficiaries.
  • Publish Notice: When mandated, publish in a qualifying local newspaper for the statutory period.
  • File Proof: Return the sworn affidavit of service or publication to the court file.

Electronic Signing and E‑Filing Considerations

Electronic signature and e-filing options can simplify delivery and proof, but acceptance varies by court and jurisdiction.

  • Accepted Formats: PDF and other court-specified electronic formats.
  • Authentication Methods: Email links, SMS codes, or stronger KBA where required.
  • Integrations: Integrates with Salesforce, NetSuite, Google Workspace, Microsoft 365.

Typical Timing and Deadlines to Watch

Timelines depend on local probate rules; common deadlines govern filing, service, publication, proof filing, and the hearing itself.

Petition Filing Deadline:

File the petition to open probate; statutes or local rules set timing.

Service Period:

Statutory window to serve heirs and interested parties before the hearing.

Publication Period:

Where required, run newspaper notice for the statutory number of weeks.

Proof Filing Deadline:

File affidavits of service or publication per local rules before or at hearing.

Hearing Date:

The court sets the hearing; parties must appear or file timely objections.

Common Mistakes to Avoid

  • Using informal names or initials in petitioner or fiduciary fields, causing mismatched records and service defects.
  • Failing to update or include the correct case number and court name, which can misdirect filings and delay docketing.
  • Publishing in a nonqualifying newspaper or missing publication dates required by statute, which can void publication service.
  • Not filing sworn proof of service or publication on time, risking continuance or setting aside of orders.

Consequences of Incorrect or Incomplete Notices

Appointment Delay: Hearing may be continued for corrected service.
Service Invalidated: Improper service can render orders voidable.
Contested Appointment: Incomplete notice increases risk of objections and litigation.
Creditor Claims Impact: Failure to notify creditors may affect claims process.
Increased Costs: Additional fees and attorney hours to cure defects.
Court Sanctions: Clerical noncompliance can prompt remedial court action.

Essential Elements to Include in the Notice

A professionally drafted Notice of Petition for Appointment includes identity, court reference, hearing logistics, service method, publication language, and proof of service to satisfy statutory requirements and inform interested parties.

Petitioner Details

Full legal name, address, and relationship to the decedent. If represented, include counsel contact to streamline communications and avoid identity confusion.

Proposed Fiduciary

Name, residence, and role sought (executor, administrator, conservator). Residency and qualifications can affect eligibility under state law.

Case & Court

Exact probate court name, county, and case number so the notice ties directly to the correct docket and hearing.

Hearing Information

Date, time, and courtroom for the appointment hearing, including judge if known, to ensure parties appear timely.

Service Statement

Describe how notice was or will be served (personal, mail, publication) and list recipients when required by statute.

Proof of Service

Attach affidavit or certificate of service indicating who was served, when, how, and any publication affidavits as required by local rules.

Required Core Data Elements

Petitioner: Full legal name
Proposed Fiduciary: Full name and address
Court Case: Court name and number
Hearing Date: MM/DD/YYYY + time
Service Method: Personal/mail/publication
Proof Filed: Signed affidavit

How This Notice Differs from Other Probate Notices

Compare common probate notices to understand purpose, timing, and effect when preparing filings for estate administration.

Criteria Notice of Petition Notice to Creditors
Purpose appointment notice claims deadline notice
Timing pre-hearing after probate opens
Service method personal/mail/publish mail/publish
Effect allows objections triggers creditor claims

eSignature Vendor Comparison for Probate Documents

Comparison of common eSignature vendor pricing and capability highlights relevant to signing and delivering probate-related notices and proofs of service.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Yes Yes Yes Yes
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Who Usually Signs and Files This Notice

Petitioner (Individual)

The petitioner or their counsel signs the petition and often signs a certificate attesting to service. The petitioner is typically a family member, nominated executor, or creditor initiating appointment proceedings and must ensure accurate identification and service.

Attorney for Petitioner

When counsel represents the petitioner, the attorney prepares the notice, files it with the court, and often signs or notarizes affidavits of service. Counsel is responsible for following local rules and confirming acceptable signature and filing methods.

Frequently Asked Questions

Answers to common questions about completing, serving, and correcting a Notice of Petition for Appointment.


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