Delaware Code Title 12 Sec. 3944 – Failure to file account; extension of time for filing
(a) The Court may excuse the filing of an account or accounts required under § 3941 of this title for cause shown or if waived by:
(1) If the person with a disability has a will, all of those persons who would be entitled to the residue of the estate of the person with a disability if the person with a disability died at the time any such accounting would otherwise be required or was required to be filed; or
(2) If the person with a disability has no will, all of those persons who would be entitled to the real and personal property of the person with a disability if the person with a disability died at the time any such accounting would otherwise be required or was required to be filed, intestate and a resident of the State.
Terms Used In Delaware Code Title 12 Sec. 3944
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: is a "guardian of the person" as that term is used in this title. See Delaware Code Title 12 Sec. 39A-101
- Intestate: Dying without leaving a will.
- Personal property: All property that is not real property.
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101
The Court may also, for cause shown, extend the time for the guardian to file an account or accounts. If no account is required of the guardian pursuant to this subsection, no inventory of the guardianship estate need be filed by the guardian.
(b) If a guardian fails to account when due, the Court shall cite such guardian therefore and may compel the filing of the account by process of attachment or by imprisonment.
Code 1852, §§ ?1497, 1498; 21 Del. Laws, c. 293, §§ ?1-3; Code 1915, § ?3092; Code 1935, § ?3582; 12 Del. C. 1953, § ?3944; 69 Del. Laws, c. 109, § ?2; 70 Del Laws, c. 186,, § ?1; 76 Del. Laws, c. 90, § ?16; 78 Del. Laws, c. 179, § ?109;