Title 12 — Decedents’ Estates and Fiduciary Relations
35 chapters · 275 sections in this title.
12 Del. C. § 39A-101. Definitions.
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§ 39A-101. Definitions. For purposes of this chapter: (1) “Adult” means an individual who has attained 18 years of age. (2) “Conservator” is a “guardian of the property” as that term is used in this title. (3) “Court” means the Court of Chancery. (4) “Emergency” means the respond…
12 Del. C. § 39A-102. International application of Act.
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§ 39A-102. International application of Act. The Court may treat a foreign country as if it were a state for the purpose of applying this chapter.76 Del. Laws, c. 380, § 5;
12 Del. C. § 39A-103. Communication between courts.
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§ 39A-103. Communication between courts. (a) The Court may communicate with a court in another state concerning a proceeding arising under this chapter. The Court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this sec…
12 Del. C. § 39A-104. Cooperation between courts.
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§ 39A-104. Cooperation between courts. (a) In a guardianship or protective proceeding in this State, the Court may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing; (2) Order a person in that state to produce evidence or g…
12 Del. C. § 39A-105. Taking testimony in another state.
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§ 39A-105. Taking testimony in another state. (a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this State for test…
12 Del. C. § 39A-201. Jurisdiction.
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§ 39A-201. Jurisdiction. The Court has jurisdiction to appoint a guardian or issue a protective order for a respondent if: 1. This State is the respondent’s home state; 2. On the date the petition is filed, this State is a significant-connection state and: (A) The respondent does…
12 Del. C. § 39A-202. Special jurisdiction.
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§ 39A-202. Special jurisdiction. (a) The Court lacking jurisdiction under § 39A-201 of this title has special jurisdiction to do any of the following: (1) Appoint a guardian in an emergency pursuant to § 3901 of this title for a term not exceeding 30 days for a respondent who is …
12 Del. C. § 39A-203. Exclusive and continuing jurisdiction.
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§ 39A-203. Exclusive and continuing jurisdiction. Except as otherwise provided in § 39A-202 of this title, a court that has appointed a guardian or issued a protective order consistent with this Act has exclusive and continuing jurisdiction over the proceeding until it is termina…
12 Del. C. § 39A-204. Appropriate forum.
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§ 39A-204. Appropriate forum. (a) The Court having jurisdiction under § 39A-201 of this title to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If …
12 Del. C. § 39A-205. Jurisdiction declined by reason of conduct.
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§ 39A-205. Jurisdiction declined by reason of conduct. (a) If at any time the Court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the Court may: (1) Decline to exercise jurisdiction; (2) Exercise juris…
12 Del. C. § 39A-206. Notice of proceeding.
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§ 39A-206. Notice of proceeding. If a petition for the appointment of a guardian or issuance of a protective order is brought in this State and this State was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements…
12 Del. C. § 39A-207. Proceedings in more than 1 state.
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§ 39A-207. Proceedings in more than 1 state. Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this State under § 39A-202(a)(1) or (a)(2) of this title, if a petition for the appointment of a g…
12 Del. C. § 39A-301. Transfer of guardianship or conservatorship to another state.
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§ 39A-301. Transfer of guardianship or conservatorship to another state. (a) A guardian or conservator appointed in this State may petition the Court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) of this section mu…
12 Del. C. § 39A-302. Accepting guardianship or conservatorship transferred from another state.
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§ 39A-302. Accepting guardianship or conservatorship transferred from another state. (a) To confirm transfer of a guardianship or conservatorship transferred to this State under provisions similar to § 39A-301 of this title, the guardian or conservator must petition the court in …
12 Del. C. § 39A-401. Foreign guardians.
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§ 39A-401. Foreign guardians. The authority of a guardian or conservator appointed in another state to act in this state is governed by § 3904 of this title.76 Del. Laws, c. 380, § 5;
12 Del. C. § 39A-402. Effective date.
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§ 39A-402. Effective date. This chapter applies to guardianship and protective proceedings begun on or after January 1, 2009.76 Del. Laws, c. 380, § 5;