Title 12 — Decedents’ Estates and Fiduciary Relations
35 chapters · 275 sections in this title.
12 Del. C. § 2106. Petition to Court of Chancery to determine order of preference.
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§ 2106. Petition to Court of Chancery to determine order of preference. Whenever an executor or administrator is unable to determine between 2 or more creditors the order of preference to be given to their respective demands, the executor or administrator may, upon petition to th…
12 Del. C. § 2107. Payment of claims after 3 months without notice of claim of higher priority.
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§ 2107. Payment of claims after 3 months without notice of claim of higher priority. If an executor or administrator, after the expiration of 3 months from the grant of letters, pays a claim of lower preference, before presentation pursuant to § 2104 of this title of a claim of a…
12 Del. C. § 2108. [Reserved.]
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§ 2108. [Reserved.]
12 Del. C. § 2109. Barring of claims against estates when no letters have been granted within 10 years from death.
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§ 2109. Barring of claims against estates when no letters have been granted within 10 years from death. If no letters have been granted upon the estate of any person within 10 years from the date of the person’s death, all claims of creditors and persons otherwise beneficially in…
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…
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…
12 Del. C. § 2901. Proration of state and federal estate taxes; method [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability].
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§ 2901. Proration of state and federal estate taxes; method [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability]. (a) Whenever it appears upon any accounting or in any appropriate action or proceeding that an executor, administrator, temporary adm…
12 Del. C. § 2902. Duty of executor, administrator or other fiduciary to pay tax before distribution [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability].
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§ 2902. Duty of executor, administrator or other fiduciary to pay tax before distribution [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability]. The tax shall be paid by the executor, administrator or other fiduciary out of the estate before its di…
12 Del. C. § 2903. Recovery of proportionate tax from persons receiving taxable property which did not come into possession of executor or administrator; jurisdiction of Court of Chancery [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability].
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§ 2903. Recovery of proportionate tax from persons receiving taxable property which did not come into possession of executor or administrator; jurisdiction of Court of Chancery [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability]. (a) Where any pr…
12 Del. C. § 2904. Executor’s or administrator’s obligation to distribute property before person entitled has paid pro rata tax or furnished security [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability].
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§ 2904. Executor’s or administrator’s obligation to distribute property before person entitled has paid pro rata tax or furnished security [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability]. No executor, administrator or other person acting in a…
12 Del. C. § 2905. Jurisdiction of and proceedings in the Court of Chancery; petition, order, parties, hearings; appointment of guardians [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability].
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§ 2905. Jurisdiction of and proceedings in the Court of Chancery; petition, order, parties, hearings; appointment of guardians [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability]. (a) The Court of Chancery has jurisdiction and all power necessary…
12 Del. C. § 2906. Limitation on application of chapter [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability].
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§ 2906. Limitation on application of chapter [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability]. The foregoing provisions of this chapter shall not apply where and to the extent that a testator provides in the testator’s will for another method …
12 Del. C. § 3301. Application of chapter; definitions [For application of this section, see 79 Del. Laws, c. 172, § 6].
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§ 3301. Application of chapter; definitions [For application of this section, see 79 Del. Laws, c. 172, § 6]. (a) This chapter shall govern fiduciaries, as well as agents in certain instances, now or hereafter acting under governing instruments. Except as otherwise specified with…
12 Del. C. § 3302. Degree of care; authorized investments [For application of this section, see 79 Del. Laws, c. 172, § 6].
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§ 3302. Degree of care; authorized investments [For application of this section, see 79 Del. Laws, c. 172, § 6]. (a) When investing, reinvesting, purchasing, acquiring, exchanging, retaining, selling and managing property for the benefit of another, a fiduciary shall act with the…
12 Del. C. § 3303. Effect of provisions of instrument [For application of this section, see 79 Del. Laws, c. 172, § 6].
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§ 3303. Effect of provisions of instrument [For application of this section, see 79 Del. Laws, c. 172, § 6]. (a) Notwithstanding any other provision of this Code or other law, the terms of a governing instrument may expand, restrict, eliminate, or otherwise vary any laws of gener…
12 Del. C. § 3304. Retention by fiduciary of decedent’s or settlor’s investments.
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§ 3304. Retention by fiduciary of decedent’s or settlor’s investments. Unless expressly provided otherwise in any instrument specified in § 3303 of this title, any provisions in any such instrument prescribing, defining or limiting the kind of property in which the funds of the t…
12 Del. C. § 3305. Retention by bank or trust company acting as a fiduciary of its own stock.
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§ 3305. Retention by bank or trust company acting as a fiduciary of its own stock. Unless expressly provided otherwise in any instrument specified in § 3303 of this title, a bank or trust company acting as a fiduciary and authorized so to act may retain in a trust estate shares o…
12 Del. C. § 3306. Deviation from terms of instrument.
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§ 3306. Deviation from terms of instrument. Subject to the provisions of § 3303 of this title, nothing contained in this chapter shall be construed as restricting the power of a court of proper jurisdiction to permit fiduciaries to deviate from the terms of any will, agreement or…
12 Del. C. § 3307. Common fund investments by bank or trust company; regulations.
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§ 3307. Common fund investments by bank or trust company; regulations. (a) A bank or trust company authorized to act in a fiduciary capacity or in the capacity of agent with investment discretion, and acting in such capacity, may invest funds held by it for investment in fraction…
12 Del. C. § 3308. Power of bank or trust company acting as a fiduciary to purchase property held by its commercial or banking department.
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§ 3308. Power of bank or trust company acting as a fiduciary to purchase property held by its commercial or banking department. (a) A bank or trust company shall not purchase, with funds held by it as a fiduciary, any property held by its commercial or banking department, but thi…