Title 12 — Decedents’ Estates and Fiduciary Relations
35 chapters · 275 sections in this title.
12 Del. C. § 2501. Register of Wills is a Clerk of Court of Chancery.
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§ 2501. Register of Wills is a Clerk of Court of Chancery. In performing the functions of the office, the Register of Wills of each county shall act only as a Clerk of the Court of Chancery.59 Del. Laws, c. 384, § 1; 70 Del Laws, c. 186,, § 1;
12 Del. C. § 2502. Powers.
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§ 2502. Powers. (a) The Register of Wills shall have power to take acknowledgements, administer oaths, issue notices, certify and authenticate copies of instruments, documents and records of the Court and perform the usual functions of the Register’s office. (b) If a matter is on…
12 Del. C. § 2503. Commission to take deposition.
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§ 2503. Commission to take deposition. (a) If the attendance of a witness to a will cannot be procured because of the witness’ sickness, age, infirmity, imminent departure from the State, being beyond the reach of process or any other reason deemed satisfactory to the Register of…
12 Del. C. § 2504. Compensation.
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§ 2504. Compensation. The Registers of Wills in respective counties shall receive the following annual salaries: (1) New Castle County, as fixed by the New Castle County government. (2) In Kent County the Register of Wills of Kent County shall receive a salary in an amount to be …
12 Del. C. § 2505. Bond.
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§ 2505. Bond. The official bond of every Register of Wills of this State shall embrace and include the faithful performance by the Register of all the duties imposed upon the Register by law.25 Del. Laws, c. 225, § 7; Code 1915, § 152; 37 Del. Laws, c. 8, § 1; 40 Del. Laws, c. 10…
12 Del. C. § 2506. Deputy register — Powers; recording appointment.
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§ 2506. Deputy register — Powers; recording appointment. In all cases where, in the administration of the affairs of the office of Register of Wills in the several counties of the State, it is necessary or proper to administer an oath of affirmation, such oath of affirmation may …
12 Del. C. § 2507. Deputy Register — Chief deputy; employment of deputies and clerks.
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§ 2507. Deputy Register — Chief deputy; employment of deputies and clerks. (a) The Chancellor shall name a chief deputy register of wills for each county who shall perform such duties as shall from time to time be assigned by the Court of Chancery. The annual compensation of such…
12 Del. C. § 2508. Report of real estate transfers to Board of Assessment.
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§ 2508. Report of real estate transfers to Board of Assessment. Each Register of Wills shall furnish to the Board of Assessment of each county a description of each parcel of real estate devised or descending by virtue of will or by operation of law, or transferred by a transfer …
12 Del. C. § 2509. Delivery of records; photocopies; evidence.
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§ 2509. Delivery of records; photocopies; evidence. (a) Each Register of Wills upon the advice and approval of the Court of Chancery may deliver to the Delaware Public Archives any volume of probate records in the Register’s official custody, the age and condition of which render…
12 Del. C. § 2510. Fees.
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§ 2510. Fees. The governing body of each county shall determine the fees which shall be charged by the Register of Wills of that county.Code 1852, § 2833; Code 1893 c. 125, § 14; 24 Del. Laws, c. 246, § 3; 24 Del. Laws, c. 247, §§ 1, 2; Code 1915, §§ 4859, 4859A, 4860, 4886; 30 D…
12 Del. C. § 2511. Posting of fee list.
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§ 2511. Posting of fee list. Every Register of Wills shall keep for public inspection in the Register’s office a printed or written list of the fees then in effect.Code 1852, § 2834; Code 1915, § 4887; Code 1935, § 5375; 12 Del. C. 1953, § 2524; 59 Del. Laws, c. 384, § 1; 70 Del …
12 Del. C. § 2512. Refusal to pay fees; penalty.
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§ 2512. Refusal to pay fees; penalty. Whoever neglects or refuses to pay the fees provided for in this chapter, for any service performed, within 30 days after written demand from the Register of Wills to whom such fees are due, shall be fined $20 besides costs of suit unless the…
12 Del. C. § 2513. Deposit of original wills with Register in New Castle County, Kent County, and Sussex County.
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§ 2513. Deposit of original wills with Register in New Castle County, Kent County, and Sussex County. (a) An original will may be deposited by any testator, testatrix, attorney-in-fact or attorney-at-law for safekeeping in the office of the Register of Wills for New Castle County…