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Delaware Statutes, Title 12

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Delaware/Statutes

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Title 12, Decedents’ Estates and Fiduciary Relations

35 chapters · 741 sections in this title.

All chapters in Title 12741 Ch 11, ESCHEATS85 Ch 35, TRUSTS71 Ch 38, TREATMENT OF DELAWARE STATUTORY TRUSTS50 Ch 33, Administrative Provisions44 Ch 15, LETTERS TESTAMENTARY AND LETTERS OF …41 Ch 39, GUARDIANSHIP41 Ch 23, ACCOUNTING AND DISTRIBUTION38 Ch 61, DELAWARE UNIFORM PRINCIPAL AND INCOM…38 Ch 49a, DURABLE PERSONAL POWERS OF ATTORNEY ACT36 Ch 2, GENERAL PROVISIONS34 Ch 45, Delaware Uniform Transfers to Minors Act23 Ch 27, Sale of Lands by Executors and Admin…19 Ch 6, Disclaimer17 Ch 39a, Uniform Adult Guardianship and Prote…16

85 sections·Filtered byTitle 12✕Ch 11✕

12 Del. C. § 1163. Deposit and disbursement of funds.
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§ 1163. Deposit and disbursement of funds. (a) Subject to the limitations in § 6102(s) of Title 29, the State Escheator shall deposit into the General Fund all moneys or proceeds of property received under this chapter. (b) The Secretary of Finance shall pay all disbursements, in…
12 Del. C. § 1163A. Escheat of certain abandoned state agency moneys [For application of this section, see 84 Del. Laws, c. 368, § 17].
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§ 1163A. Escheat of certain abandoned state agency moneys [For application of this section, see 84 Del. Laws, c. 368, § 17]. Property presumed abandoned where the State Escheator reasonably believes the owner is an agency of the State or a discretely presented component unit incl…
12 Del. C. § 1164. State Escheator to retain records of property.
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§ 1164. State Escheator to retain records of property. The State Escheator shall record and retain the holder report filed under § 1142 of this title and the information contained in the report for at least 10 years after the report was filed.81 Del. Laws, c. 1, § 2;
12 Del. C. § 1165. Claim for property by person claiming to be owner.

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§ 1165. Claim for property by person claiming to be owner. (a) Any person claiming an interest in any property paid or delivered to the State Escheator under this chapter may file a claim with the State Escheator for the property or for the proceeds from the sale of the property.…

12 Del. C. § 1166. When State Escheator must honor claim for property [For application of this section, see 83 Del. Laws, c. 59, § 25; and 83 Del. Laws, c. 346, § 12].

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§ 1166. When State Escheator must honor claim for property [For application of this section, see 83 Del. Laws, c. 59, § 25; and 83 Del. Laws, c. 346, § 12]. (a) The State Escheator shall pay or deliver property to a claimant under § 1165 of this title if the State Escheator recei…

12 Del. C. § 1167. Claims and rights of appeal [For application of this section, see 83 Del. Laws, c. 59, § 25; and 83 Del. Laws, c. 346, § 12].

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§ 1167. Claims and rights of appeal [For application of this section, see 83 Del. Laws, c. 59, § 25; and 83 Del. Laws, c. 346, § 12]. (a) The State Escheator shall possess full and complete authority to determine all claims filed under § 1165 of this title and shall immediately s…

12 Del. C. § 1168. Payment by State Escheator.

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§ 1168. Payment by State Escheator. Any claim which is allowed by, or ordered to be paid by, the State Escheator pursuant to § 1165 of this title, together with such costs and disbursements as may be allowed by the Court of Chancery or the Tax Appeal Board, must be paid out of th…

12 Del. C. § 1169. Allowance of claim for property.

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§ 1169. Allowance of claim for property. (a) On request of the owner, the State Escheator may sell or liquidate a security and pay the net proceeds to the owner. (b) At the discretion of the State Escheator, property of an owner is subject to a claim for payment of an enforceable…

12 Del. C. § 1170. Request for report of property; compliance reviews.

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§ 1170. Request for report of property; compliance reviews. (a) If a person does or does not file a report required by § 1142 of this title, the State Escheator may require the person to file a verified report in a form prescribed by the State Escheator. The verified report must …

12 Del. C. § 1171. Examination to determine compliance with chapter [For application of this section, see 84 Del. Laws, c. 368, § 16].

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§ 1171. Examination to determine compliance with chapter [For application of this section, see 84 Del. Laws, c. 368, § 16]. The State Escheator, at reasonable times and on reasonable notice, may do any of the following: (1) Examine the records of a person or the records in the po…

12 Del. C. § 1172. Rules and procedures for conducting an examination [For application of this section, see 83 Del. Laws, c. 59, § 25; 84 Del. Laws, c. 368, § 16].

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§ 1172. Rules and procedures for conducting an examination [For application of this section, see 83 Del. Laws, c. 59, § 25; 84 Del. Laws, c. 368, § 16]. (a) Effective July 1, 2015, and subject to subsection (d) of this section, the State Escheator shall not initiate any new exami…

12 Del. C. § 1173. Voluntary property reporting outreach program [For application of this section, see 84 Del. Laws, c. 368, § 16].

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§ 1173. Voluntary property reporting outreach program [For application of this section, see 84 Del. Laws, c. 368, § 16]. (a) Notwithstanding Chapter 23 of Title 29 and in compliance with the provisions of this title, the Secretary of State may resolve and compromise claims for pr…

12 Del. C. § 1174. Records obtained in examination or voluntary disclosure.

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§ 1174. Records obtained in examination or voluntary disclosure. All of the following apply to records obtained and records, including work papers, compiled by the State Escheator or the Secretary of State in the course of conducting an examination under § 1171 of this title or a…

12 Del. C. § 1175. Evidence of debt or undischarged obligation.

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§ 1175. Evidence of debt or undischarged obligation. (a) A record showing an unpaid debt or undischarged obligation is prima facie evidence of an obligation. In claiming property from a holder, the State Escheator’s burden of proof as to the existence and amount of the property a…

12 Del. C. § 1176. Failure of person examined to retain records.

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§ 1176. Failure of person examined to retain records. (a) If a person subject to examination under § 1171 of this title does not retain the records required by § 1145 of this title, the State Escheator may determine the amount of property due using a reasonable method of estimati…

12 Del. C. § 1177. Report to person whose records were examined [For application of this section, see 83 Del. Laws, c. 59, § 25].

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§ 1177. Report to person whose records were examined [For application of this section, see 83 Del. Laws, c. 59, § 25]. At the conclusion of an examination under § 1171 of this title, the State Escheator shall provide to a person whose records were examined a complete and unredact…

12 Del. C. § 1178. State Escheator’s contract with another to conduct compliance review and examination and limit on future employment.

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§ 1178. State Escheator’s contract with another to conduct compliance review and examination and limit on future employment. (a) The State Escheator may contract with a person to conduct compliance reviews and examinations in accordance with this chapter but no such person shall …

12 Del. C. § 1179. Judicial review procedure; Court of Chancery jurisdiction [For application of this section, see 83 Del. Laws, c. 59, § 25].

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§ 1179. Judicial review procedure; Court of Chancery jurisdiction [For application of this section, see 83 Del. Laws, c. 59, § 25]. (a) If, after examining any report required by this chapter and filed by or on behalf of a holder or after the conclusion of an examination of a hol…

12 Del. C. § 1180. Judicial action to enforce liability.

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§ 1180. Judicial action to enforce liability. (a) If any person refuses to pay or deliver property, including penalty or interest on the property, to the State Escheator as required by this chapter, the State Escheator may bring an action to enforce such payment or delivery in th…

12 Del. C. § 1181. Interstate agreement and cooperation.

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§ 1181. Interstate agreement and cooperation. (a) Subject to subsection (b) of this section, the State Escheator may do both of the following: (1) Exchange information with another state relating to property presumed abandoned or relating to the possible existence of property pre…

12 Del. C. § 1182. Action involving another state.

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§ 1182. Action involving another state. (a) The State Escheator may join other states to examine and seek enforcement of this chapter against any person believed to be holding property reportable under this chapter. (b) On request of another state, the Attorney General may commen…

12 Del. C. § 1183. Interest and penalties.

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§ 1183. Interest and penalties. (a) Interest at 0.5% per month on outstanding unpaid amounts accrues from the date the amounts or property were due under this chapter until paid. Interest due in accordance with this subsection may not exceed 50% of the amount required to be paid.…

12 Del. C. § 1184. Other civil penalties.

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§ 1184. Other civil penalties. If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this chapter or otherwise wilfully fails to perform a duty imposed on the holder under this chapter, the State Escheator may require the holder to…

12 Del. C. § 1185. Waiver of interest and penalty [For application of this section, see 83 Del. Laws, c. 59, § 25].

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§ 1185. Waiver of interest and penalty [For application of this section, see 83 Del. Laws, c. 59, § 25]. (a) The State Escheator may, for good cause, waive, in whole or in part, interest and penalties under § 1183 or § 1184 of this title, subject to the following requirements: (1…

12 Del. C. § 1186. When agreement to locate property enforceable.

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§ 1186. When agreement to locate property enforceable. An agreement by an owner and a person, a purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the State Escheator, is enforceable only if the agreement meets al…

12 Del. C. § 1187. When agreement to locate property unenforceable.

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§ 1187. When agreement to locate property unenforceable. (a) Subject to subsection (b) of this section, an agreement under § 1186 of this title is void and unenforceable if it is entered into during the period beginning on the date the property was distributable to the owner and …

12 Del. C. § 1188. Right of owner’s agent to recover property held by State Escheator.

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§ 1188. Right of owner’s agent to recover property held by State Escheator. (a) An owner that contracts with a person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the owner that is held by the State Escheator may appoint or designat…

12 Del. C. § 1189. Confidentiality of records.

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§ 1189. Confidentiality of records. (a) Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for any officer or employee of the Department of Finance or the Department of State or for any other officer, employee, or contractor of t…

12 Del. C. § 1190. Severability.

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§ 1190. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to …

12 Del. C. § 1191. Whistleblower provisions.

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§ 1191. Whistleblower provisions. (a) Any whistleblower wishing to provide information regarding a holder’s noncompliance with the reporting requirements of § 1142 of this title shall provide such information in writing to both the State Escheator and to the Attorney General Frau…

12 Del. C. § 1220. Declaration of escheat.

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§ 1220. Declaration of escheat. All postal savings system accounts created by the deposits of persons whose last known addresses are in this State which have not been claimed by the persons entitled thereto before June 1, 1971, are presumed to have been abandoned by their owners …

12 Del. C. § 1221. Obtaining information on accounts.

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§ 1221. Obtaining information on accounts. The Secretary of State shall request from the Bureau of Accounts of the United States Treasury Department records providing the following information: (1) The names of depositors at the post offices of this State whose accounts are uncla…

12 Del. C. § 1222. Proceeding to adjudicate escheat.

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§ 1222. Proceeding to adjudicate escheat. The Secretary of State may bring proceedings in the United States District Court to escheat unclaimed postal savings system accounts held by the United States Treasury Department. A single proceeding may be used to escheat as many account…

12 Del. C. § 1223. Notice.

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§ 1223. Notice. The Secretary of State shall notify depositors whose accounts are to be escheated, as follows: (1) A letter advising that a postal savings system account in the name of the addressee is about to be escheated and setting forth the procedure by which a deposit may b…

12 Del. C. § 1224. Collection and deposit of funds; indemnification of United States.

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§ 1224. Collection and deposit of funds; indemnification of United States. (a) The Secretary of State shall present a copy of each final judgment of escheat to the United States Treasury Department for payment of the principal due and the interest computed under regulations of th…