Title 12, Decedents’ Estates and Fiduciary Relations

§ 204. Devise of real estate generally. Lands, tenements and hereditaments are devisable by last will and testament.Code 1852, § 1643; Code 1915, § 3239; Code 1935, § 3703; 12 Del. C. 1953, § 105; 59 Del. Laws, c. 384, § 1;

§ 205. Devise of real estate without limitation. A devise of real estate, without words of limitation, shall be construed to pass the fee simple, or other whole estate, or interest, which the testator could lawfully devise in such real estate, unless a contrary intention appears …

§ 206. After-acquired real estate. Any estate, right or interest in lands, acquired by a testator after the making of a will, shall pass thereby in manner as if possessed at the making of the will, unless a contrary intention appears by the will.Code 1852, § 1668; 18 Del. Laws, c…

§ 207. Power of sale of executor or trustee; liability of purchaser. (a) Where, by the terms of a will or trust instrument, an express power to sell real property is granted to a trustee, such trustee may sell or exchange such real property as is not specifically required to be d…

§ 208. Revocation of wills generally. A last will and testament, or any clause thereof, shall not be altered, or revoked, except by canceling by the testator, or by some person in the testator’s presence and by the testator’s express direction, or by a valid last will and testame…

§ 209. Revocation by divorce; no revocation by other changes or circumstances. If after executing a will, the testator is divorced or the testator’s marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spous…

§ 210. Alteration, theft or destruction of will; class E felony. Whoever wilfully adds to, alters, defaces, erases, obliterates, mutilates, blots, blurs, hides, conceals, destroys, misplaces with intent to conceal or commits an act of theft of any instrument of writing purporting…

§ 211. Testamentary additions to trusts. (a) A will may validly devise or bequeath property to the trustee of a trust established or to be established (i) during the testator’s lifetime by the testator, by the testator and some other person or by some other person including a fun…

§ 212. Bequest of tangible personal property by separate writing. A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title,…

§ 213. Rules for construction or interpretation of will [For application of this section, see 81 Del. Laws, c. 320, § 8]. In the construction or interpretation of any will the rules set forth in § 3330 of this title shall apply in the absence of any contrary expression of intent …

§ 214. Devolution of property; administration of decedents’ estates. Solely for the purposes of determining the rights of any person to property of a decedent, it shall be presumed that tangible personal property acquired (1) By a decedent through gift or inheritance, or (2) Sole…

§ 251. Definitions. In this subchapter: (1) “Authorized person” and “person authorized to act in connection with international wills” means a person who is empowered by § 259 of this title or by the laws of the United States, including a member of the diplomatic and consular serv…

§ 252. International will — validity. (a) A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will comp…

§ 253. International will — requirements. (a) The will must be made in writing. It need not be written by the testator himself or herself. It may be written in any language, by hand or by any other means. (b) The testator shall declare in the presence of 2 credible witnesses and …

§ 254. International wills — other points of form. (a) The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if the testator is unable to sign, by the person signing on the testator’s behalf or,…

§ 255. International will — certificate. The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of this subchapter for valid execution of an international will have been fulfilled. The authorized perso…

§ 256. International will — effect of certificate. In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this subchapter. The absence or irregularity of a certificate does not af…

§ 257. International will — revocation. An international will is subject to the rules of revocation of wills appearing at §§ 208 and 209 of this title.71 Del. Laws, c. 81, § 2;

§ 258. Source and construction. Sections 251 through 257 of this title derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this subchapter, regard shall be had to its international origin …

§ 259. Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency. Individuals who have been admitted to practice law before the courts of this State and who are in good standing as active law practitioners in this State, are hereb…

§ 260. Definitions [For application of this section, see 84 Del. Laws, c. 261, § 16]. As used in this subchapter, unless the context otherwise requires: (1) “Adult” means a natural person 18 years of age or older. (2) “Declarant” means a competent adult who signs a declaration pu…

§ 261. Limitations. This subchapter shall not be construed to: (1) Invalidate a declaration instrument or will, codicil, trust, power of appointment or power of attorney; (2) Invalidate any act of an agent, guardian, or conservator; (3) Affect any claim, right or remedy that accr…

§ 262. Declaration of disposition of last remains. The declarant may specify, in a declaration instrument, any 1 or more of the following: (1) The disposition to be made of the declarant’s last remains; (2) Who may direct the disposition of the declarant’s last remains; (3) The c…

§ 263. Reliance upon declaration instruments. (a) A third party who acts in good faith reliance on a declaration instrument that is legally executed shall not be subject to civil liability to any greater extent than if the third party were dealing directly with the declarant as a…

§ 264. Right to dispose of remains. (a) The right to control disposition of the last remains or ceremonial arrangements of a decedent vests in and devolves upon the following persons, at the time of the decedent’s death, in the following order: (1) The decedent if acting through …

§ 265. Declaration of disposition of final remains; form [For application of this section, see 84 Del. Laws, c. 261, § 16]. The following declaration of disposition of final remains must be substantially in the following form: DECLARATION OF DISPOSITION OF FINAL REMAINS I, (Name …

§ 266. Declaration — other points of form. (a) The form set forth in § 265 of this title is not exclusive, and a person may use another form of declaration instrument if the wording of the form complies substantially with § 265 of this title, the form is properly completed, and t…

§ 267. Declaration — revocation generally. A declaration may be revoked by the declarant in writing or by burning, tearing, canceling, obliterating, or destroying the declaration instrument with the intent to revoke such instrument.74 Del. Laws, c. 295, § 1;

§ 268. Declaration — revocation by divorce. Unless otherwise expressly provided in a declaration instrument, a subsequent divorce, dissolution of marriage, annulment of marriage, or legal separation between the declarant and spouse automatically revokes a delegation to the declar…

§ 269. Declaration — revocation of designee. Unless otherwise specified in the declaration instrument, if a declarant revokes a delegation to a person to direct the disposition of the declarant’s last remains or ceremonies after the declarant’s death, or if such person is unable …

§ 270. Interstate effect of declaration. (a) Unless otherwise stated in a declaration instrument, it shall be presumed that the declarant intends to have that declarant’s own declaration instrument executed pursuant to this subchapter and recognized to the fullest extent possible…

§ 301. Shares of after-born children. If a testator becomes a parent of a child after making a last will and testament in which no provision, vested or contingent, was made for such child, specifically or as member of a class, by will or otherwise, then such child or any descenda…

§ 302. Raising share of after-born child. Towards the raising of the portion of an after-born child, any intestate estate of the deceased, real or personal, shall be first applied and the residue of such portion, if there be a deficiency of such intestate estate to make up the sa…

§ 303. Appraisal and assignment of intestate real estate; appointment and duties of freeholders. (a) The Court of Chancery, upon the petition of any after-born child (which petition in the case of infancy shall be preferred by a guardian) setting forth the facts of the case and s…

§ 304. Oath of freeholders and surveyor; action by majority. The freeholders and surveyor and all persons employed in the premises shall, before entering upon their respective duties under the order of the Court of Chancery, be severally sworn or affirmed faithfully and impartial…

§ 305. Vacancies among freeholders. The Court of Chancery may fill any vacancy occurring among the freeholders.Code 1852, § 1661; Code 1915, § 3258; Code 1935, § 3722; 12 Del. C. 1953, § 305; 57 Del. Laws, c. 402, § 3;

§ 306. Return of freeholders; conclusiveness. The freeholders shall return their proceedings in the premises, under their hands, to the Court of Chancery at the next stated term thereof and the same, being confirmed by the Court, shall be conclusive.Code 1852, § 1660; Code 1915, …

§ 307. Contribution from devisees or legatees. If the intestate real estate, allotted under the foregoing provisions, shall not, at the appraisement thereof, be equal in value to what would have been the share of the after-born child or children of the entire estate of the deceas…

§ 308. Disposition of residue of intestate real or personal estate. Any residue of intestate estate, real or personal, remaining after an allotment is made to an after-born child or children, under the foregoing provisions, shall belong to the person as by law would have been ent…

§ 309. Application of intestacy laws to lands allotted after-born children. Lands and tenements allotted to after-born children under the foregoing provisions shall be subject to all the provisions of law respecting intestate estates, as fully in all respects, as if the deceased …

§ 310. Posthumous children. Posthumous children or children in the mother’s womb, if born alive, are within the foregoing provisions respecting after-born children. Such children shall take any estate or property, real or personal, by descent, transmission, gift, devise, limitati…

§ 321. Share of surviving spouse. The descent or devolution of the estate, real or personal, of a married person who, before the marriage, has made a last will and testament and has not made provision for the married person’s spouse by will or otherwise, shall be subject to the f…

§ 322. Assignment of share to surviving spouse. The part to which the surviving spouse shall be entitled under § 321 of this title shall be assigned and distributed in the same manner as if the deceased spouse had died intestate. When there are several devisees of such real estat…

§ 323. Revocation of will by subsequent marriage. Subsequent marriage shall not revoke the last will and testament of a person who, by such last will and testament or otherwise, shall have made provision for a surviving spouse.Code 1852, § 1666; Code 1915, § 3263; 38 Del. Laws, c…

§ 501. Intestate estate. Any part of the real or personal estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in the following sections of this chapter.59 Del. Laws, c. 384, § 1;

§ 502. Share of spouse. The intestate share of the surviving spouse is: (1) If there is no surviving issue or parents of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $50,000 of the int…