Title 12 — Decedents’ Estates and Fiduciary Relations
35 chapters · 275 sections in this title.
12 Del. C. § 1901. Personal property constituting assets of estate; exceptions; employee death benefit plans and insurance policies.
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§ 1901. Personal property constituting assets of estate; exceptions; employee death benefit plans and insurance policies. (a) Estates in lands, tenements and hereditaments held by the decedent for the life of another shall be chattels; and such estates, estates by elegit or for y…
12 Del. C. § 1902. Rents and profits of deceased’s real estate as estate assets; possession and repair of real estate.
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§ 1902. Rents and profits of deceased’s real estate as estate assets; possession and repair of real estate. (a) The rents and profits of the real estate of the deceased which shall come into the hands of the executor or administrator shall be assets for the payment of debts, and …
12 Del. C. § 1903. Growing crops.
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§ 1903. Growing crops. When there is a crop growing or begun, the executor or administrator may finish or sell it as deemed best for the estate. If finishing the crop, the executor’s or administrator’s account shall comprehend the proceeds and expenses.Code 1852, § 1814; Code 191…
12 Del. C. § 1904. Appraisers; appointment.
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§ 1904. Appraisers; appointment. The personal representative may employ 1 or more qualified and disinterested appraisers to assist in ascertaining the fair market value as of the date of the decedent’s death of any asset the value of which may be subject to reasonable doubt. Diff…
12 Del. C. § 1905. Inventory and appraisal; filing requirements, form, contents and supporting affidavits; notice of action affecting title.
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§ 1905. Inventory and appraisal; filing requirements, form, contents and supporting affidavits; notice of action affecting title. (a) Every executor or administrator shall, within 3 months after the granting of letters testamentary or of administration, file in the office of the …
12 Del. C. § 1906. Failure to file inventory; civil and criminal penalties.
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§ 1906. Failure to file inventory; civil and criminal penalties. (a) Any executor or administrator who fails to file the inventory, list and statement with the Register of Wills within 3 months after the granting of letters testamentary or of administration shall be subject, pers…
12 Del. C. § 1907. Refusal of a coexecutor or coadministrator to file inventory.
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§ 1907. Refusal of a coexecutor or coadministrator to file inventory. Where there are several executors or administrators, if either of them refuses or neglects to join in the inventory or list of debts, the Court of Chancery shall remove the person or persons from office, unless…
12 Del. C. § 1908. Affidavit of diligent inquiry.
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§ 1908. Affidavit of diligent inquiry. An affidavit, signed by the executor or administrator and declaring upon oath or affirmation that the executor or administrator has diligently inquired and can obtain no knowledge of any goods or chattels of the decedent, shall be a sufficie…
12 Del. C. § 1909. Executor’s debt to decedent.
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§ 1909. Executor’s debt to decedent. The making of a person executor shall not extinguish any demand of the decedent against said person, but the same shall be truly inserted in the list of debts.Code 1852, §§ 1807-1811; Code 1915, § 3365; Code 1935, § 3830; 12 Del. C. 1953, § 19…
12 Del. C. § 1910. Additional inventory; after discovered assets.
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§ 1910. Additional inventory; after discovered assets. If, after the return of an inventory or list of debts, personal estate or debts due the decedent, not included therein, shall come to the knowledge of the executor or administrator, the executor or administrator shall cause a…
12 Del. C. § 1911. Power of Court to suppress, reject and order another inventory or list.
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§ 1911. Power of Court to suppress, reject and order another inventory or list. The Court of Chancery may order an inventory or list of debts to be suppressed, or adjudge the same imperfect and order another to be made and filed in the office of the Register of Wills. No inventor…
12 Del. C. § 1912. Recording inventory and notation of inheritance tax status in Inheritance and Succession Docket.
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§ 1912. Recording inventory and notation of inheritance tax status in Inheritance and Succession Docket. (a) Every inventory, list and statement filed pursuant to § 1905 of this title, shall be recorded and indexed by the Register of Wills in the “Inheritance and Succession Docke…