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Petition to determine succession to real property Form: What You Should Know
Personal representative (name and address of each person filing) :. Claimant (describe each person who claims an interest) :. Deceased (if applicable) :. Probate (if applicable) :. Fill out the form, sign it, and mail form to your local Superior Court with the following information: Fill out and return DE-310, Petition to Determine Succession to Real Property. DE-310 PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY. Case Number: 11 Fill out and return DE-310, Petition to Determine Succession to Real Property. Filing fees for forms above and forms for personal estate can vary. If you do not have the ability to pay for a fee, you should be able to obtain from your local Superior Court a fee schedule which indicates the fees and costs the court will charge if you proceed in the Superior Court system (see Filing Fees in Chapter 3 for information on how to file). You might be able to request a waiver. In that situation, the superior court clerk/agent will tell you and what documents you need to file to obtain a waiver. Once you have a waiver, or if the fee schedule does not provide for a waiver, you can proceed with the proper forms, fees and other costs. If you cannot afford the filing fees or for any other reason the court can't offer a waiver or fees, you can still get the court to find you a person to serve on the other side with the court. The Superior Court will do a pre-termination search (a “search warrant”) to determine if there is anyone available to serve on the other side, without the benefit of going through the probate procedures. The Superior Court will determine how many people are in your family, if anyone, if there are any children, if you are married, and if there is any property. The Superior Court will serve on the other side as many of the people you choose as may be available. The Superior Court can also assign someone on the other side to serve. (See Chapter 3, Assignment of Servants in Chapter 3, for more information.) If you move out of state, you should move to the state where the family property is located. If you are interested in filing a Petition to Determine Succession to Real Property in the probate court in your state: Go to the website of the state probate court. Click on Forms.
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