Delaware § 3944 Failure to file account; extension of time for filing

Delaware Statutes

§ 3944 — Failure to file account; extension of time for filing

Delaware·Title 12·Part Fiduciary Relations·Ch. 39 GUARDIANSHIP·Subch. Accounting and Settlement

(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. The Court may also, for cause shown, extend the time for the g

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(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.

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.

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Legislative History

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