# Delaware HB 297: AN ACT TO AMEND TITLES 12 AND 25 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND PROPERTY.

Delaware HB 297, AN ACT TO AMEND TITLES 12 AND 25 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND PROPERTY., is a 153rd General Assembly (2024–2026) House bill sponsored by William Bush (Democratic); status signed, last action 2026-07-23 (Signed by Governor) (as of 2026-10-19).

- Canonical: https://policyrisk.com/state-bill/DE-HB297-153
- As of: 2026-10-19
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Delaware HB 297
- State: Delaware
- Session: 153rd General Assembly (2024–2026)
- Title: AN ACT TO AMEND TITLES 12 AND 25 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND PROPERTY.
- Status: signed
- Chamber: House
- Introduced: 2026-03-05
- Last action: 2026-07-23, Signed by Governor
- Sponsor: William Bush (Democratic)
- Cosponsors: 6
- 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

- Beneficiaries gain ways to fill trust vacancies: benefit, low. Successor rules cover trustees, advisers, designated representatives, enforcers, and people with powers to remove or appoint trust decision-makers. The rules address vacancies after death, incapacity, removal, resignation, or refusal to serve when no usable appointment method remains. Unless the tr…
- Trust mergers preserve beneficiaries’ financial interests: benefit, low. Trustees can create new trusts and merge all or part of existing trusts, including into statutory or foreign statutory trusts. The trusts need not share a creator, and the receiving trust need not be funded before the merger. Trustees can choose either trust’s document to govern the merged trust, b…
- Trust appointment powers gain tax-related flexibility: benefit, low. A power of appointment lets its holder choose who receives property. The law allows an opt-out from § 504(a) for trusts outside the generation-skipping transfer tax or with a zero inclusion ratio. The document exercising the power must expressly name § 501(a) and say it applies to that exercise. Th…
- Trust-funded services come with payment rules: mixed, low. Trustees must provide beneficiary well-being programs and pay their costs from trust assets, subject to their duties. The trust document controls timing and manner; otherwise, the trustee or adviser decides, with adviser direction or consent where applicable. Trustees can provide services or hire o…
- Trust decision-makers share powers and responsibility: mixed, low. Two trust decision-makers generally must act together; three or more act by majority, unless the trust document says otherwise. Two can assign routine tasks to one; a majority of three or more can assign them to one or more. A person who delivers a written dissent to the majority avoids liability f…

## Sponsors and cosponsors

- Sponsor: William Bush (Democratic), House
- Cosponsor: William J. Carson (Democratic), House
- Cosponsor: Gerald W. Hocker (Republican), Senate
- Cosponsor: Spiros Mantzavinos (Democratic), Senate
- Cosponsor: David P. Sokola (Democratic), Senate
- Cosponsor: Bryan Townsend (Democratic), Senate
- Cosponsor: John "Jack" Walsh (Democratic), Senate

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2026-06-09 | Senate | Passed (SM required) | pass | 20 | 0 |   |
| 2026-03-24 | House | Passed (SM required) | pass | 37 | 0 |   |

## Actions (8)

- 2026-07-23: Signed by Governor (Governor)
- 2026-06-09: Passed By Senate. Votes: 20 YES 1 ABSENT (Senate)
- 2026-05-13: Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 3 Favorable, 4 On Its Merits (Senate)
- 2026-05-13: Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 3 Favorable, 4 On Its Merits (Senate)
- 2026-03-24: Assigned to Banking, Business, Insurance & Technology Committee in Senate (Senate)
- 2026-03-24: Passed By House. Votes: 37 YES 4 ABSENT (House)
- 2026-03-17: Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 11 On Its Merits (House)
- 2026-03-05: Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House (House)

## Bill text

- Current, 2026-03-05: [HTML](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=142882&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=142882&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)
- [Delaware bills](https://policyrisk.com/states/delaware/bills)
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Source: PRIA, https://policyrisk.com/state-bill/DE-HB297-153 (as of 2026-10-19).
