If a person named executor shall be under an incapacity, either by reason of minority, physical disability or mental disability, letters testamentary shall be granted upon the removal of the incapacity and upon the giving of bond in accordance with this title. In the meantime, letters testamentary shall be granted to the coexecutor or coexecutors of the person under a disability, if there is 1 or more named who qualify in accordance with this title, but if there is none, or if the coexecutor or coexecutors all fail to qualify, letters of administration, with the will annexed, shall be granted in accordance with this title.
Structure Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 15. LETTERS TESTAMENTARY AND LETTERS OF ADMINISTRATION
Subchapter I. General Provisions
§ 1501. Necessity for letters testamentary or of administration.
§ 1502. Grant of letters testamentary.
§ 1503. Grant of letters to one under an incapacity.
§ 1504. Grant of letters of administration.
§ 1505. Persons entitled to letters of administration.
§ 1506. Power of attorney by nondomiciliary executor or administrator.
§ 1508. Persons not qualified to receive letters testamentary or of administration.