Proof of a will may be taken without notice to persons interested, unless such a person requests it by petition filed with the Court of Chancery. Upon receiving such petition, the Court shall, and in any case it may, appoint a time for taking the proof, and issue subpoena, requiring any person to be present at the taking of such proof. In respect to persons not within the State it may order such service or publication of notice as it deems proper.
Structure Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 13. GENERAL PROVISIONS
§ 1301. Production of will; liability.
§ 1303. Notice and subpoena to persons interested.
§ 1304. Unavailability of witnesses.
§ 1306. Choice of law as to execution and proving of wills.
§ 1307. Will of nondomiciliary; admission, recording and evidence.
§ 1308. Caveat against allowance of instrument as will; procedure.
§ 1309. Review of proof of will; procedure.
§ 1310. Formal testacy proceedings; contested cases; testimony of attesting witnesses.
§ 1311. Pre-mortem will validation [For application of this section, see 80 Del. Laws, c. 153, § 5].