35 chapters · 741 sections in this title.
12 Del. C. § 1301. Production of will; liability.
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§ 1301. Production of will; liability. (a) Any person, having the custody or possession of any instrument of writing purporting to be a last will and testament and intended to take effect upon the death of the testator therein named, shall produce and deliver the same to the Regi…
12 Del. C. § 1302. Proving will.
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§ 1302. Proving will. (a) A will shall be proved before the Register of Wills of the county in which the testator was domiciled at the time of death. If the testator was not domiciled in this State, it may be proved before the Register of any county in this State wherein there ar…
12 Del. C. § 1303. Notice and subpoena to persons interested.
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§ 1303. Notice and subpoena to persons interested. Proof of a will may be taken without notice to persons interested, unless such a person requests it by petition filed with the Court of Chancery. Upon receiving such petition, the Court shall, and in any case it may, appoint a ti…
12 Del. C. § 1304. Unavailability of witnesses.
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§ 1304. Unavailability of witnesses. (a) In case any attesting and subscribing witness to a will, at the time the will is presented for probate, is dead, is serving in the armed forces of the United States or is a merchant sailor, or is mentally or physically incapable of testify…