# Delaware HB 103: AN ACT TO AMEND TITLE 12 AND TITLE 13 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND FIDUCIARY RELATIONS.

Delaware HB 103, AN ACT TO AMEND TITLE 12 AND TITLE 13 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND FIDUCIARY RELATIONS., is a 153rd General Assembly (2024–2026) House bill sponsored by no sponsor on record; status signed, last action 2025-08-21 (Signed by Governor) (as of 2026-10-11).

- Canonical: https://policyrisk.com/state-bill/DE-HB103-153
- As of: 2026-10-11
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Delaware HB 103
- State: Delaware
- Session: 153rd General Assembly (2024–2026)
- Title: AN ACT TO AMEND TITLE 12 AND TITLE 13 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND FIDUCIARY RELATIONS.
- Status: signed
- Chamber: House
- Introduced: 2025-03-27
- Last action: 2025-08-21, Signed by Governor
- Sponsors: no sponsor on record
- Cosponsors: 0
- Touches household money: no
- Roll calls: 2 (57 yes, 0 no in all)
- Economic provisions PRIA read: 5

## Summary

No summary available.

## Bill overview: provisions PRIA read

- Trust officers gain more resignation options: benefit, low. Trust parties can use a consent-based trust change to let a trustee or another officeholder resign while the trust creator lives. An out-of-court settlement can also allow resignation when the trust document addresses neither resignation nor successor appointments. These options reduce the need to…
- Trust beneficiaries cannot force discretionary payments: cost, low. A beneficiary’s discretionary trust interest is an expected benefit, not a property right. Beneficiaries cannot force payments, even when the trust lists standards or triggers for them. They can still sue over alleged abuse of discretion under the existing court review standard. The law took effect…
- Spousal trust gifts stay outside marital property: mixed, low. When one spouse makes a gift in trust for the other, the receiving spouse’s interest is not marital property. The trust document can set a different rule. This protects the receiving spouse’s interest from marital-property treatment but excludes it from the couple’s marital assets.
- Purpose trusts gain enforcement with participation limits: mixed, low. Trusts for noncharitable purposes are valid without identifiable beneficiaries; receiving their money alone does not make someone a beneficiary. The trust document can name an enforcer or another person to enforce its terms, or Delaware’s Court of Chancery can appoint one. The document can give tha…
- Purpose-trust enforcers face clearer legal duties: mixed, low. A purpose-trust enforcer has fiduciary duties when using trust authority unless the trust document says otherwise. Delaware’s definitions include enforcers acting as fiduciaries and recognize those not acting as fiduciaries as nonfiduciaries. Accepting appointment subjects an enforcer to Delaware c…

## Sponsors and cosponsors

- (none)

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2025-05-20 | Senate | Passed (SM required) | pass | 20 | 0 |   |
| 2025-04-17 | House | Passed (SM required) | pass | 37 | 0 |   |

## Actions (7)

- 2025-08-21: Signed by Governor (Governor)
- 2025-05-20: Passed By Senate. Votes: 20 YES 1 ABSENT (Senate)
- 2025-05-14: Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 5 Favorable (Senate)
- 2025-04-17: Assigned to Banking, Business, Insurance & Technology Committee in Senate (Senate)
- 2025-04-17: Passed By House. Votes: 37 YES 4 ABSENT (House)
- 2025-04-08: Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 8 On Its Merits (House)
- 2025-03-27: Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House (House)

## Bill text

- Current, 2025-03-27: [HTML](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=142022&legislationTypeId=1&docTypeId=2)

## Related bills

- HS 1 for HB 449: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITIONIST LICENSURE ACT. (passed house)
- HB 357: AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO SUPPORT POOR PERSONS. (signed)
- SB 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS. (vetoed)
- SB 279: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATIONAL THERAPISTS. (vetoed)
- HB 393: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLIC UTILITY CONSUMERS. (vetoed)
- HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT. (failed)

## Sources
- [Current (HTML)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=142022&legislationTypeId=1&docTypeId=2)

## Related
- [HS 1 for HB 449: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITI…](https://policyrisk.com/state-bill/DE-HS1FORHB449-153)
- [HB 357: AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO S…](https://policyrisk.com/state-bill/DE-HB357-153)
- [SB 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS.](https://policyrisk.com/state-bill/DE-SB231-153)
- [SB 279: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATI…](https://policyrisk.com/state-bill/DE-SB279-153)
- [HB 393: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLI…](https://policyrisk.com/state-bill/DE-HB393-153)
- [HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING…](https://policyrisk.com/state-bill/DE-HB356-153)
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Source: PRIA, https://policyrisk.com/state-bill/DE-HB103-153 (as of 2026-10-11).
