Title 12, Decedents’ Estates and Fiduciary Relations

§ 3334. Contributions to revocable trusts [For application of this section, see 79 Del. Laws, c. 172, § 6]. Where spouses make a contribution of property to 1 or more trusts, each of which is revocable by either or both of them, and, immediately before such contribution, such pro…

§ 3335. Effect of formula clauses in certain wills and trusts. (a) A governing instrument, such as a will or trust of a decedent, who dies after December 31, 2009, and before January 1, 2011, that contains a formula referring to the “unified credit,” “estate tax exemption,” “appl…

§ 3336. Appointment of successor trustee [Transferred]. Transferred to § 3327A of this title by 85 Del. Laws, c. 383, § 4, effective July 23, 2026.

§ 3337. Claims against revocable trusts [For application of this section, see 79 Del. Laws, c. 172, § 6]. Following the death of the trustor of a trust that was revocable immediately prior to the trustor’s death, all claims against the trust that, but for any applicable period of…

§ 3338. Nonjudicial settlement agreements [For application of this section, see 79 Del. Laws, c. 172, § 6; 80 Del. Laws, c. 153, § 5]. (a) For purposes of this section, “interested persons” means persons whose consent would be required in order to achieve a binding settlement wer…

§ 3339. Designated representatives of trusts. (a) For purposes of this title, the term “designated representative” means a person who has delivered to the trustee such person’s written acceptance of the office of designated representative or who has otherwise agreed, through serv…

§ 3340. Place of administration [For application of this section, see 80 Del. Laws, c. 153, § 5]. For purposes of this title, and without limiting other ways in which a trust may be considered to be administered in this State, a trust is administered in this State if: (1) The sol…

§ 3341. Consequences of trust merger and similar transactions [For application of this section, see 80 Del. Laws, c. 153, § 5]. Whenever any trust (a “transferor trust”) is merged with and into another trust (the “transferee trust”): (1) The separate existence of the transferor t…

§ 3342. Modification of trust by consent while trustor is living. (a) Unless the trust’s governing instrument expressly provides that the governing instrument may not be modified under this section, under a nonjudicial settlement agreement under § 3338 of this title or similar pr…

§ 3343. Authority to allocate trustee duties among multiple trustees. (a) The power to appoint a successor trustee under a governing instrument shall be deemed to include the power to appoint multiple successor trustees. A presently exercisable power to remove and replace a trust…

§ 3344. Income tax reimbursement or payment. (a) Unless the terms of the governing instrument expressly provide that a trustor may not be reimbursed by a trust for the trustor’s personal income tax liability, if the trustor of a trust is treated under 26 U.S.C. § 671 et seq. as t…

§ 3345. Beneficiary well-being trust. (a) This section applies to any trust the governing instrument of which makes express reference to this section and states that this section, or any part of this section, shall apply. A trust that makes such a reference to this section is kno…

§§ 3401-3411. Applicability of chapter; definitions; fiduciary agency contracts; cofiduciaries; general powers of trustee; specific powers of trustee; resignation of trustee; removal of trustee; limitation on personal liability of fiduciary; effect of no-contest provision; effect…

§ 3501. Appointment authorized; effect of execution of power by appointee. When any person or persons or any of such persons as may be the donee or donees of any power or powers under any trust are out of the jurisdiction of or not amenable to the process of the Court of Chancery…

§ 3502. Procedure for appointment of trustee. The Court of Chancery may make any appointment or direction under § 3501 of this title, by an order made in any cause pending in that Court or upon petition of 1 or more of those interested in the trust or by the remaining or survivin…

§ 3503. Appointment of trustee to convey realty; effect of conveyance by appointee. When any person seised of lands, tenements or hereditaments upon any trust is out of the jurisdiction of or not amenable to the process of the Court of Chancery or is mentally ill or it is uncerta…

§ 3504. Appointment of trustee to assign term of years; effect of assignment by appointee. When any person possessed of lands, tenements or hereditaments for a term of years upon trust is out of the jurisdiction or not amenable to the process of the Court of Chancery or it is unc…

§ 3505. Appointment of trustee to transfer stock or collect and pay over dividends; effect of appointee’s acts. When any person in whose name as trustee or executor (either alone or together with the name of any other person) or in the name of whose testator (whether as trustee o…

§ 3506. Appointment of trustee to convey, assign or transfer trust property from discharged or removed trustee to successor. When any person who, having been discharged or removed from any trust by an order or decree of the Court of Chancery, neglects or refuses to convey, assign…

§ 3507. Order of appointment. The Court of Chancery shall make any appointment or direction under §§ 3503-3506 of this title by an order made in any case pending in that Court or upon petition of the person entitled to such conveyance, assignment, transfer or payment. When the ti…

§ 3508. Appointment of fiduciary to receive benefits payable by the United States. (a) Whenever any military or administrative body or agency of the government of the United States of America is authorized or directed to pay monetary benefits to any person and the said body or ag…

§ 3509. Vesting of title to trust property in successor trustee. Whenever the sole or surviving trustee dies or is removed or a trustee renounces a trust or a trust is created and no person is appointed by name or description to execute the same and whenever in such or any case a…

§ 3510. Vesting of title to trust realty in successor trustee appointed pursuant to trust instrument; deed of appointment. Whenever any trust of real estate has been or shall hereafter be created by deed or will duly recorded or proved within this State and such deed or will cont…

§ 3521. Trustees’ accounts in general. Except as otherwise provided in §§ 3522-3524 of this title, trustees (which term, as used in this subchapter, includes successor trustees) shall not be required to file any accounts or inventories with respect to a trust. Trustees required, …

§ 3522. Trustees’ accounts for inter vivos trusts. Trustees of an inter vivos trust (whether or not property was bequeathed or devised to such trust by a testamentary disposition) shall not be required to file any accounts or inventories with respect to such trust, except: (1) To…

§ 3523. Trustees’ accounts in wills probated prior to April 5, 1909. Trustees named in wills probated prior to April 5, 1909, may file and submit accounts of their trusts at such times as they deem necessary and they shall be required to file and submit accounts only upon a rule …

§ 3524. Trustees’ accounts for other testamentary trusts [For application of this section, see 80 Del. Laws, c. 153, § 5]. (a) Trustees of a testamentary trust shall be required to file accounts as described in § 3525 of this title, except that: (1) Trustees subject to § 3523 of …

§ 3525. Filing of trustees’ accounts; contents; approval. (a) Trustees required to file accounts as provided in the governing instrument, or in an order of the Court of Chancery, shall file accounts as described in subsection (c) of this section only in accordance with the expres…

§ 3526. Release of obligation to file accounts. (a) Without the approval of the Court of Chancery, a trustee or trustees (in either case hereafter referred to as “trustee”) who would otherwise be required under §§ 3521-3524 of this title to file with the Register in Chancery just…

§§ 3527, 3527A. Total return unitrusts; express total return unitrusts. Transferred by 77 Del. Laws, c. 330, § 10, effective Aug. 1, 2010, to §§ 61-106 and 61-107 of this title.

§ 3528. Trustee’s authority to invade principal or income in trust [For application of this section, see 80 Del. Laws, c. 153, § 5]. (a) Unless the terms of the instrument expressly provide otherwise, a trustee who has authority (whether acting at such trustee’s discretion or at …

§ 3531. Renunciation by trustee named in trust instrument; filing and recording. Whenever, by any will, deed or other instrument, a trustee is named and before the acceptance of the trust the person named as such trustee renounces and declines to perform the duties imposed thereb…

§ 3532. Transfer of stocks, bonds or other corporate securities by trustee; certificate of Register in Chancery. Upon the transfer by trustees of the stocks, bonds or other securities of any corporation, the certificate of the Register of the Court of Chancery in which such trust…

§ 3533. Sale of trust property free from trust; procedure. Upon petition of any trustee having the legal title to any property, real, personal or mixed, setting forth that the sale and conversion thereof would be for the best interests of the trust estate and the persons benefici…

§ 3534. Notice procedure. Except as may be expressly provided in the trust instrument to the contrary, the following shall apply to any trust the administration of which is governed by this title: (1) Except for service or notice pursuant to a judicial proceeding whereby such mat…

§ 3535. Powers of appointment, rule against perpetuities and restraints on alienation. The validity of an estate or interest in property created through the exercise of a power of appointment shall, for the purposes of any rule or law against perpetuities, remoteness of vesting, …

§ 3536. Rights of creditors and assignees of beneficiary of trust [For application of this section, see 79 Del. Laws, c. 172, § 6]. (a) Except as expressly provided in subsections (c) and (d) of this section, a creditor of a beneficiary of a trust shall have only such rights agai…

§ 3536A. Release of beneficial interests by beneficiaries. (a) Subject to the limitations and conditions of subsections (b) through (f) of this section, a beneficiary of a trust may, in whole or in part, release such beneficiary’s beneficial interest in the trust, including any d…

§ 3537. Conveyance of realty by infant trustee. Any person under the age of 18 years, having real estate in trust for others, may, by direction of the Court of Chancery given upon hearing all parties concerned on the petition of those for whom such infant is trustee or of the gua…

§ 3538. Testamentary trusts; certification of by Register of Wills to Register in Chancery; record. (a) When a will that has been probated before the Register of Wills for any of the counties of the State contains a bequest or devise in trust to pay the income arising from any pa…

§ 3539. Charitable trust; sale of timber on lands; application of proceeds. The Court of Chancery may, when in its judgment the exercise thereof will promote the interests of the charity, direct wood or timber growing on land conveyed or devised for charitable uses to be cut and …

§ 3540. Powers and duties of certain trustees. All trustees of any trust governed by the laws of this State whose governing instrument or instruments do not expressly provide that this section shall not apply to such trust are required to act or to refrain from acting so as not t…

§ 3541. Administration of charitable trusts or noncharitable purpose trusts; cy pres rule. (a) Notwithstanding any other provision of this Code or other law, a trust having any religious, charitable, scientific, literary or educational purpose (collectively, hereinafter referred …

§ 3542. Termination of small trusts [For application of this section, see 80 Del. Laws, c. 153, § 5]. (a) Unless otherwise provided by the terms of the trust instrument, and subject to the other subsections of this section, a trustee of a trust (other than a trustee who is a sett…

§ 3543. Distribution of estate or trust assets without creation of trust. If the terms of a will or a writing creating a trust, including, but not limited to an inter vivos trust agreement, provide for the establishment of a trust all the assets of which, due to the circumstances…

§ 3544. Successor trustee. Unless provided otherwise by the terms of the governing instrument or by order of court, in the absence of actual knowledge of a breach of trust, or information concerning a possible breach of trust that would cause a reasonable person to inquire, a suc…