CHAPTER 384

STATE REVENUE

INHERITANCE TAX

AN ACT TO AMEND ARTICLE 10, CHAPTER 6, REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO STATE REVENUE, INHERITANCE TAX BY PROVIDING FOR THE DETERMINATION OF INHERITANCE TAX ON JOINTLY OWNED PROPERTY AND THE ISSUANCE OF CERTIFICATES AS PROOF OF THE DISCHARGE OF SUCH TAX LIABILITY.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Article 10, Chapter 6, Revised Code of Delaware, 1935, as amended, be, and the same is hereby further amended by adding, after 139. Sec. 105., a new section to be known as 139-A. Sec. 105-A., as follows:

139-A. Sec. 105-A. Whenever any resident of the State of Delaware shall die leaving no property, real or personal, except real or personal property held in the joint names of two or more persons, or deposited in banks or other institutions or depositories in the joint names of two or more persons and payable to either or the survivor, or, whenever any non-resident of the State of Delaware shall die leaving no property, real or personal situated in the State of Delaware except real or tangible personal property held in the joint names of two or more persons, and in either case such property shall pass to a surviving joint tenant or joint tenants, tenants by the entirety, or other such person or persons, and no letters of administration on the estate of such decedent shall have been issued or applied for, then such surviving joint tenant or joint tenants, tenant by the entirety or other such person or persons, or any one or more of them, or any person having an interest in said property shall, within three months after the death of the decedent, file under oath or affirmation with the State Tax Department and also with the Register of Wills of the County wherein such decedent was a

resident or wherein such property is situated: (1) an inventory of all jointly owned goods and chattels, including all personal property held in the joint names of two or more persons, or deposited in banks or other institutions or depositories in the joint names of two or more persons and payable to the survivor; (2) a list of all jointly owned debts and credits; and (3) a statement in writing setting forth a general description of every parcel of real estate in this State held as joint tenant or tenants by the entirety of which the decedent died seized, and the name of each party entitled to any estate or interest in any parcel of said real estate, and relationship, if any, to the decedent; and (4) a list of items claimed as deductible for inheritance tax purposes. In all such cases the State Tax Department shall inquire into the matter and determine according to law whether or not any Delaware Inheritance Tax is due and payable upon the share or interest in such jointly owned property. If the State Tax Department determines that no Inheritance tax shall be due or payable as the result of the transfer of such jointly held property or, in the event it shall determine that an inheritance tax is due and payable as the result of such transfer and such tax liability shall have been discharged by the payment thereof, then in all such cases the State Tax Department shall issue a certificate certifying that no inheritance tax is due or that such inheritance tax liability has been paid and discharged and such certificate shall constitute proof thereof. Such certificate shall be sent to the Register of Wills of the County wherein such decedent was a resident or wherein such property is situated to be indexed and recorded together with the Inventory List and Statement herein provided for, in the Inheritance and Succession Docket in such office.

The provisions of this Act shall apply whether such decedent shall have died prior or subsequent to its enactment.

Section 2. That all acts or parts of acts inconsistent with this Act are herby repealed only to the extent of such inconsistency.

Approved June 30, 1949.