Title 12 — Decedents’ Estates and Fiduciary Relations
35 chapters · 275 sections in this title.
12 Del. C. § 2701. Petition for sale of realty to pay decedent’s debts; notice.
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§ 2701. Petition for sale of realty to pay decedent’s debts; notice. (a) When the personal estate of a decedent is not sufficient to pay the decedent’s debts, the decedent’s executor or administrator may present to the Court of Chancery of the county in which there is any real es…
12 Del. C. § 2702. Application by creditor to compel sale of realty; procedure.
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§ 2702. Application by creditor to compel sale of realty; procedure. A creditor of the decedent may apply to the Court of Chancery of the county wherein the letters were granted to issue a citation to an executor or administrator to appear before it, on a day to be therein mentio…
12 Del. C. § 2703. Proof in action to compel sale of realty.
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§ 2703. Proof in action to compel sale of realty. In cases of a petition for an order for sale of realty, the executor or administrator shall exhibit to the Court of Chancery, on oath, a true account of all the personal estate of the decedent, and of all debts outstanding against…
12 Del. C. § 2704. Order of sale; realty to be sold.
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§ 2704. Order of sale; realty to be sold. The Court of Chancery may, if it appears that there is a deficiency of personal estate for the payment of the decedent’s debts, order that the executor or administrator shall sell the real estate, or a part thereof to be specified in the …
12 Del. C. § 2705. Partition no bar to sale.
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§ 2705. Partition no bar to sale. The fact that partition has been made of the real estate shall be no bar to an order for sale.Code 1852, §§ 1881, 1882; Code 1915, § 3419; Code 1935, § 3879; 12 Del. C. 1953, § 2705; 59 Del. Laws, c. 384, § 1;
12 Del. C. § 2706. Manner of sale; notice and adjournment in case of public auction.
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§ 2706. Manner of sale; notice and adjournment in case of public auction. Every sale under this chapter shall be by public auction or by private sale with the approval of the Court of Chancery. If the sale is by public auction, the Court shall direct the executor or administrator…
12 Del. C. § 2707. Effect of contribution in advance of sale to payment of debts; contribution to equalize burden after sale.
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§ 2707. Effect of contribution in advance of sale to payment of debts; contribution to equalize burden after sale. If any devisee, or person holding any part of the real estate, contributes so much as the Court of Chancery adjudges to be devisee’s or other person’s proportionable…
12 Del. C. § 2708. Return of sale; deed.
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§ 2708. Return of sale; deed. (a) An executor or administrator shall return the proceedings to any adjourned or regular term of the Court of Chancery after the making or renewing of an order of sale; and if the return is approved, the executor or administrator shall make a deed t…
12 Del. C. § 2709. Title of purchaser.
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§ 2709. Title of purchaser. The grantee in any deed made in pursuance of this chapter shall take all the estate, title and claim which the decedent, at the time of the decedent’s death, had to the real estate thereby conveyed, either at law or in equity, with the benefit of all a…
12 Del. C. § 2710. Application of proceeds of sale; order of payment of debts.
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§ 2710. Application of proceeds of sale; order of payment of debts. The purchase money of a sale, made by authority of this chapter (all just charges to be allowed by the Court of Chancery, being first deducted), shall be applied to outstanding debts against the decedent in the f…
12 Del. C. § 2711. Disposition of surplus after paying debts.
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§ 2711. Disposition of surplus after paying debts. If there is any surplus of the sale, after paying all the debts, it shall belong to the person to whom the premises sold belonged at the time of the sale, who shall have the same proportion, quantity and manner of interest in the…
12 Del. C. § 2712. Order for disposition of surplus.
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§ 2712. Order for disposition of surplus. The Court of Chancery, upon the petition of an executor or administrator, shall give direction for the payment or disposal of the surplus.Code 1852, § 1899; Code 1915, § 3429; Code 1935, § 3889; 12 Del. C. 1953, § 2717; 57 Del. Laws, c. 4…
12 Del. C. § 2713. Bond to be given by executor or administrator before executing order of sale.
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§ 2713. Bond to be given by executor or administrator before executing order of sale. Every executor or administrator before proceeding to execute an order of sale shall, in the Court of Chancery, with 1 or more sufficient sureties to be approved by the Court, enter into bond to …
12 Del. C. § 2714. Purchase money payable to a successor administrator.
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§ 2714. Purchase money payable to a successor administrator. If a sale, made by an executor or former administrator, shall be returned by a successor administrator, the purchase money shall be payable to the latter, but such payment shall not be made nor the sale approved until t…
12 Del. C. § 2715. Refund of purchase money when sale not returned or not approved.
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§ 2715. Refund of purchase money when sale not returned or not approved. If the purchase money arising from any sale under this chapter shall be paid to the executor or administrator before the sale is approved, the executor or administrator shall refund the same without delay if…
12 Del. C. § 2716. Charges of sale; taxing and payment.
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§ 2716. Charges of sale; taxing and payment. All the charges of any sale under this chapter, whether under the name of commissions or otherwise, shall be taxed by the Court of Chancery and paid to the Clerk before approving the sale; and no other charges shall be allowed on accou…
12 Del. C. § 2717. Power to refuse order for sale or to approve a sale.
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§ 2717. Power to refuse order for sale or to approve a sale. The Court of Chancery may refuse an order for sale of real estate or may refuse to approve a sale, if under the circumstances it is considered improper that such sale should be made, although it should sufficiently appe…
12 Del. C. § 2718. Appeal to Supreme Court.
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§ 2718. Appeal to Supreme Court. Any person aggrieved by an order or decree of the Court of Chancery made in any proceeding under this chapter may appeal therefrom to the Supreme Court, and no such order or decree shall be drawn in question except upon appeal.Code 1852, § 1905; C…
12 Del. C. § 2719. Power of sale in will; execution; liability of purchaser for application of purchase money.
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§ 2719. Power of sale in will; execution; liability of purchaser for application of purchase money. (a) If, by any will, authority is given to several executors, or other persons, to sell real estate, and, if 1 or more of them die before the complete execution of the authority, s…