Title 12 — Decedents’ Estates and Fiduciary Relations
35 chapters · 275 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…
12 Del. C. § 1305. Self-proved will.
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§ 1305. Self-proved will. An attested will may at the time of its execution or at any subsequent date be made self-proved, by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws …
12 Del. C. § 1306. Choice of law as to execution and proving of wills.
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§ 1306. Choice of law as to execution and proving of wills. (a) A written will signed by the testator, or by some person subscribing the testator’s name in the testator’s presence and at the testator’s express direction, is valid provided that: (1) It is executed in compliance wi…
12 Del. C. § 1307. Will of nondomiciliary; admission, recording and evidence.
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§ 1307. Will of nondomiciliary; admission, recording and evidence. (a) The written will of a testator who died domiciled outside this State, but who owned real estate or personal property located in this State, may be admitted to probate and recorded in this State. If such will h…
12 Del. C. § 1308. Caveat against allowance of instrument as will; procedure.
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§ 1308. Caveat against allowance of instrument as will; procedure. (a) A caveat against the allowance of an instrument as a will shall be received by the Court of Chancery at any time prior to the entry of an order of probate. The caveat having been received, the Court shall appo…
12 Del. C. § 1309. Review of proof of will; procedure.
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§ 1309. Review of proof of will; procedure. (a) Any person interested who shall not voluntarily appear at the time of taking the proof of a will, or be served with citation or notice as provided in § 1303 of this title, shall, at any time within 6 months after the entry of the or…
12 Del. C. § 1310. Formal testacy proceedings; contested cases; testimony of attesting witnesses.
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§ 1310. Formal testacy proceedings; contested cases; testimony of attesting witnesses. If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testim…
12 Del. C. § 1311. Pre-mortem will validation [For application of this section, see 80 Del. Laws, c. 153, § 5].
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§ 1311. Pre-mortem will validation [For application of this section, see 80 Del. Laws, c. 153, § 5]. (a) No proceedings under § 1308 or § 1309 of this title may be commenced following the death of a testator, who resided in Delaware at the time of death, with respect to a will wh…
12 Del. C. § 1312. Limitation on action contesting validity of exercise of power of appointment [For application of this section, see 80 Del. Laws, c. 153, § 5].
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§ 1312. Limitation on action contesting validity of exercise of power of appointment [For application of this section, see 80 Del. Laws, c. 153, § 5]. (a) A judicial proceeding to contest whether an exercise of a power of appointment by any written instrument other than a will, u…
12 Del. C. § 1313. Restricted access to a decedent’s safe deposit box for the limited purpose of retrieving the decedent’s last will or declaration of disposition of last remains prior to the appointment of personal representative.
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§ 1313. Restricted access to a decedent’s safe deposit box for the limited purpose of retrieving the decedent’s last will or declaration of disposition of last remains prior to the appointment of personal representative. (a) After the death of the decedent but prior to the appoin…