Title 12 — Decedents’ Estates and Fiduciary Relations

35 chapters · 275 sections in this title.

275 sectionsFiltered byTitle 12

12 Del. C. § 101. Definitions.
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§ 101. Definitions. For the purpose of wills, intestate succession and for all other purposes under this title, the following definitions shall apply: (1) “Child” includes any individual entitled to take as a child under this title by intestate succession from the parent whose re…
12 Del. C. § 501. Intestate estate.
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§ 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;
12 Del. C. § 502. Share of spouse.
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§ 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…
12 Del. C. § 503. Share of heirs other than surviving spouse.
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§ 503. Share of heirs other than surviving spouse. (a) The part of the intestate estate not passing to the surviving spouse under § 502 of this title, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue of the decedent, per stirpes;…
12 Del. C. § 504. Requirement that heir survive decedent for 120 hours.
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§ 504. Requirement that heir survive decedent for 120 hours. Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession, and the decedent’s heirs are determined accordingly. If the time of death of the…
12 Del. C. § 505. Posthumous children.
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§ 505. Posthumous children. Posthumous children, born alive, shall be considered as though living at the death of their parent.59 Del. Laws, c. 384, § 1;
12 Del. C. § 506. Kindred of half blood.
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§ 506. Kindred of half blood. Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.59 Del. Laws, c. 384, § 1;
12 Del. C. § 507. Alienage.
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§ 507. Alienage. No person is disqualified to take as an heir because the person or a person through whom the person claims is or has been an alien.59 Del. Laws, c. 384, § 1; 70 Del Laws, c. 186,, § 1;
12 Del. C. § 508. Meaning of “child” and related terms for purposes of intestate succession.
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§ 508. Meaning of “child” and related terms for purposes of intestate succession. If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person: (1) “Child” means an individual of any age who…
12 Del. C. § 509. Advancements.
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§ 509. Advancements. If a person dies intestate as to all the estate, property which the person gave in the person’s lifetime to an heir is treated as an advancement against the latter’s share of the estate only if declared in a contemporaneous writing by the decedent or acknowle…
12 Del. C. § 510. Debts owed to decedent.
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§ 510. Debts owed to decedent. A debt owed to the decedent is charged against the intestate share of the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s issue.59 Del. Laws, c. 384, § 1;
12 Del. C. § 511. Dower and curtesy abolished.
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§ 511. Dower and curtesy abolished. The estates of dower and curtesy are abolished.59 Del. Laws, c. 384, § 1;
12 Del. C. § 512. [Reserved.]
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§ 512. [Reserved.]
12 Del. C. § 601. Short title.
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§ 601. Short title. This chapter may be cited as the “Delaware Disclaimer Act.”63 Del. Laws, c. 448, § 1; 75 Del. Laws, c. 302, § 1;
12 Del. C. § 602. Definitions.
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§ 602. Definitions. In this chapter, unless the context otherwise requires: (1) “Beneficiary designation” means a testamentary or nontestamentary instrument or contract, other than an instrument creating a trust, naming the beneficiary of: a. An annuity or insurance policy; b. An…
12 Del. C. § 603. Scope; property subject to disclaimer.
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§ 603. Scope; property subject to disclaimer. This chapter applies to disclaimers of any interest in or power over property, whenever created, and whether any interest in or power over property is disclaimed at the time of the creation of the interest in or power over property, o…
12 Del. C. § 604. Chapter supplemented by other law; chapter not exclusive.
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§ 604. Chapter supplemented by other law; chapter not exclusive. (a) Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter. (b) This chapter does not limit any right of a person to waive, release, disclaim, or renounce property,…
12 Del. C. § 605. Power to disclaim; requisites and execution; when irrevocable.
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§ 605. Power to disclaim; requisites and execution; when irrevocable. (a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power notwithstanding any limitation under the terms …
12 Del. C. § 606. Disclaimer of interest in property.
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§ 606. Disclaimer of interest in property. (a) Except for a disclaimer governed by § 607 or § 608 of this title, the following rules apply to a disclaimer of an interest in property: (1) If the interest was created by an instrument, the disclaimer takes effect as of the time the …
12 Del. C. § 607. Disclaimer of rights of survivorship in jointly held property.
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§ 607. Disclaimer of rights of survivorship in jointly held property. (a) Upon the death of an owner of jointly held property: (1) If, during the deceased owner’s lifetime, the deceased owner could have unilaterally reacquired a portion of the property attributable to the decease…
12 Del. C. § 608. Disclaimer of interest by trustee.
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§ 608. Disclaimer of interest by trustee. Except as limited by § 3324(a) of this title, if a trustee disclaims an interest in property, as authorized under § 3325(1) of this title, that otherwise would have become trust property, the interest does not become trust property.63 Del…
12 Del. C. § 609. Disclaimer of power held in fiduciary capacity.
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§ 609. Disclaimer of power held in fiduciary capacity. If a holder who is a fiduciary disclaims a power held in a fiduciary capacity, the following rules apply: (1) If the fiduciary holder has not previously exercised the power held in a fiduciary capacity the disclaimer of the p…
12 Del. C. § 610. Disclaimer of power of appointment or other power not held in fiduciary capacity.
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§ 610. Disclaimer of power of appointment or other power not held in fiduciary capacity. If a holder that is not a fiduciary disclaims a power of appointment, whether such power is a general power of appointment or a power that is not a general power of appointment, or other powe…
12 Del. C. § 611. Disclaimer by appointee, permissible appointee, or taker in default of exercise of power of appointment.
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§ 611. Disclaimer by appointee, permissible appointee, or taker in default of exercise of power of appointment. (a) A disclaimer of an interest in property by an appointee of such interest in property as a result of an exercise of a power of appointment by a holder takes effect a…
12 Del. C. § 612. Delivery and recording requirements.
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§ 612. Delivery and recording requirements. (a) Subject to subsections (b) through (k) of this section, delivery of a disclaimer may be effected by personal delivery, first class mail, or any other method likely to result in its receipt, subject to the following: (1) A disclaimer…
12 Del. C. § 613. Disclaimers affecting real property.
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§ 613. Disclaimers affecting real property. If the property interest being disclaimed is an interest in real property, the disclaimer shall be acknowledged in the manner provided for deeds of real property. The disclaimer shall not be valid as against any person, except the benef…
12 Del. C. § 614. When disclaimer barred or limited.
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§ 614. When disclaimer barred or limited. (a) A disclaimer is barred by a written waiver of the right to disclaim. (b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (1) The disclaimant accepts the i…
12 Del. C. § 615. Tax qualified disclaimer.
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§ 615. Tax qualified disclaimer. Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of the Code, and the regulations promulgated thereunder, as never having b…
12 Del. C. § 616. Application to existing and expired relationships.
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§ 616. Application to existing and expired relationships. (a) Except as otherwise provided in § 614 of this title, an interest in or power over property existing on June 27, 2006, as to which the 9 months for receipt or filing a disclaimer under Delaware law superseded by this ch…
12 Del. C. § 617. Severability clause.
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§ 617. Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given affect without the invalid provision or application, a…
12 Del. C. § 701. Insufficient evidence of survivorship.
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§ 701. Insufficient evidence of survivorship. Where the title to property or the devolution thereof depends upon priority of death and there is not sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if…
12 Del. C. § 702. Beneficiaries of another person’s disposition of property.
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§ 702. Beneficiaries of another person’s disposition of property. Where 2 or more beneficiaries are designated to take successively by reason of survivorship under another person’s disposition of property and there is no sufficient evidence that these beneficiaries have died othe…
12 Del. C. § 703. Joint tenants or tenants by the entirety.
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§ 703. Joint tenants or tenants by the entirety. Where there is no sufficient evidence that 2 joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed one half as if 1 had survived and one half as if the other had…
12 Del. C. § 704. Insurance policies.
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§ 704. Insurance policies. Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had surviv…
12 Del. C. § 705. Retroactive effect of chapter.
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§ 705. Retroactive effect of chapter. This chapter shall not apply to the distribution of the property of a person who died before April 18, 1945.45 Del. Laws, c. 234, § 5; 12 Del. C. 1953, § 705;
12 Del. C. § 706. Application of chapter.
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§ 706. Application of chapter. This chapter shall not apply in the case of wills, living trusts, deeds or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this chapter.45 Del. Laws, c. 234, § 6; 12 Del. C. 1953, …
12 Del. C. § 707. Uniformity of interpretation.
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§ 707. Uniformity of interpretation. This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.45 Del. Laws, c. 234, § 7; 12 Del. C. 1953, § 707;
12 Del. C. § 801. Definitions.
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§ 801. Definitions. In this chapter, unless the context otherwise requires: (1) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security up…
12 Del. C. § 802. Registration in beneficiary form — sole or joint tenancy ownership.
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§ 802. Registration in beneficiary form — sole or joint tenancy ownership. Only individuals whose registration of a security shows sole ownership by 1 individual or multiple ownership by 2 or more with right of survivorship, rather than as tenants in common, may obtain registrati…
12 Del. C. § 803. Registration in beneficiary form — applicable law.
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§ 803. Registration in beneficiary form — applicable law. A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity’s principal o…
12 Del. C. § 804. Origination of registration in beneficiary form.
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§ 804. Origination of registration in beneficiary form. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all mu…
12 Del. C. § 805. Form of registration in beneficiary form.
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§ 805. Form of registration in beneficiary form. (a) Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD” or by the words “pay on death” or the abbreviation “POD” after the name of the registered owner and before the name of a b…
12 Del. C. § 806. Effect of registration in beneficiary form.
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§ 806. Effect of registration in beneficiary form. The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole ow…
12 Del. C. § 807. Ownership on death of owner.
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§ 807. Ownership on death of owner. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with an…
12 Del. C. § 808. Protection of registering entity.
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§ 808. Protection of registering entity. (a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in benefici…
12 Del. C. § 809. Nontestamentary transfer on death.
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§ 809. Nontestamentary transfer on death. (a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this chapter and is not testamentary. (b) This ch…
12 Del. C. § 810. Terms, conditions, and forms for registration.
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§ 810. Terms, conditions, and forms for registration. (a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation o…
12 Del. C. § 811. Short title.
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§ 811. Short title. This chapter shall be known as and may be cited as the “Uniform TOD Security Registration Act.”70 Del. Laws, c. 394, § 1;
12 Del. C. § 812. Application of chapter.
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§ 812. Application of chapter. This chapter applies to registrations of securities in beneficiary form made before or after June 26, 1996, by decedents dying on or after June 26, 1996.70 Del. Laws, c. 394, § 1;
12 Del. C. § 901. Right to elective share.
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§ 901. Right to elective share. (a) If a married person domiciled in this State dies, the surviving spouse has a right of election to take an elective share of an amount equal to one third of the elective estate, less the amount of all transfers to the surviving spouse by the dec…