Title 12 — Decedents’ Estates and Fiduciary Relations
35 chapters · 275 sections in this title.
12 Del. C. § 1701. Presumption of death.
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§ 1701. Presumption of death. (a) When the death of a person or the date thereof is in issue, the unexplained absence from the last known place of residence and the fact that the person has been unheard of for 7 years may be a sufficient ground for finding that the person died 7 …
12 Del. C. § 1702. Petition for adjudication of presumed death; notice of hearing.
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§ 1702. Petition for adjudication of presumed death; notice of hearing. (a) Whenever any person is presumed to be dead on account of absence for 7 years or more, exposure to specific peril or pursuant to a finding under Federal Missing Persons Act (37 U.S.C. § 551 et seq.), wheth…
12 Del. C. § 1703. Petition for ancillary letters on estate of nondomiciliary presumed decedent; notice of hearing.
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§ 1703. Petition for ancillary letters on estate of nondomiciliary presumed decedent; notice of hearing. (a) Whenever letters of administration or letters testamentary have been granted in any other state, territory or possession of the United States, or in any foreign country, o…
12 Del. C. § 1704. Hearing; competency of witnesses.
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§ 1704. Hearing; competency of witnesses. At the hearing in either of the cases provided for in § § 1702 and 1703 of this title, the Court of Chancery shall take such legal evidence as shall be offered, for the purpose of ascertaining whether the presumption of death is establish…
12 Del. C. § 1705. Search for absentee.
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§ 1705. Search for absentee. The Court of Chancery, on its own motion or upon the application of any party in interest, may appoint a Magistrate, investigator or appropriate agency to search for the presumed decedent in any manner which the Court shall deem appropriate, and the e…
12 Del. C. § 1706. Decree of presumed death; admission of will to probate and grant of letters.
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§ 1706. Decree of presumed death; admission of will to probate and grant of letters. (a) If satisfied, upon the hearing, or upon the report of a Magistrate, that the death of the presumed decedent has been established, the Court of Chancery shall so decree, and the Court shall de…
12 Del. C. § 1707. Title to real estate of presumed decedent; recording of decree.
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§ 1707. Title to real estate of presumed decedent; recording of decree. (a) Whenever the Court of Chancery enters a decree that the presumption of death of any person has been established, the real estate of the presumed decedent shall pass and devolve as in the case of actual de…
12 Del. C. § 1708. Duties of executor or administrator.
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§ 1708. Duties of executor or administrator. The executor or administrator to whom letters have been issued upon the estate of a presumed decedent shall administer the estate in the same manner and with the same effect as the same would be administered under existing laws of this…
12 Del. C. § 1709. Security given by beneficiaries.
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§ 1709. Security given by beneficiaries. (a) Before any distribution is made of the assets of the estate of the presumed decedent or before the decree is recorded in the office of the Recorder of Deeds as provided in § 1707(b) of this title, the persons, other than creditors, ent…
12 Del. C. § 1710. Revocation of letters and vacation of decree of presumed death — Effect generally.
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§ 1710. Revocation of letters and vacation of decree of presumed death — Effect generally. The Court of Chancery may revoke the letters and vacate the decree that the presumption of death has been established, at any time, on due and satisfactory proof that the presumed decedent …
12 Del. C. § 1711. Revocation of letters and vacation of decree of presumed death — Effect upon pending actions and upon judgments rendered.
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§ 1711. Revocation of letters and vacation of decree of presumed death — Effect upon pending actions and upon judgments rendered. After revocation of the letters, and vacation of the decree that the presumption of death has been established, the person erroneously presumed to be …
12 Del. C. § 1712. Probate of will produced after issuance of letters; effect upon prior administration.
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§ 1712. Probate of will produced after issuance of letters; effect upon prior administration. (a) Whenever letters testamentary or of administration shall be issued upon the estate of any person presumed to be dead, in accordance with this chapter, the person having custody of an…
12 Del. C. § 1713. Costs.
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§ 1713. Costs. The costs attending the issuance or revocation of letters shall be paid out of the estate of the presumed decedent, and costs arising upon an application for letters which shall not be granted shall be paid by the applicant.16 Del. Laws, c. 132, §§ 1, 2; Code 1915,…