(a) Whenever letters of administration or letters testamentary have been granted in any other state, territory or possession of the United States, or in any foreign country, on the estate of a domiciliary thereof, presumed to be dead, the person to whom such letters have been granted may present a petition to the Court of Chancery, accompanied by a complete exemplification of the record of the grant of such letters, praying for the grant of ancillary letters testamentary or of administration upon the estate of such presumed decedent, situate, owing or belonging to the decedent within this State.
(b) The Court of Chancery, if satisfied that the person proposed in such petition would be a fit person to whom such letters might be issued, shall cause publication to be made, in the manner and for the period as provided in § 1702 of this title, of the fact of such application, together with notice that on a day certain, which shall be at least 2 weeks after the last appearance of the advertisement, the Court of Chancery shall hear evidence concerning the alleged absence of the presumed decedent and the circumstances and duration thereof.
Structure Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 17. ABSENTEES; PRESUMED DECEDENTS
§ 1702. Petition for adjudication of presumed death; notice of hearing.
§ 1704. Hearing; competency of witnesses.
§ 1706. Decree of presumed death; admission of will to probate and grant of letters.
§ 1707. Title to real estate of presumed decedent; recording of decree.
§ 1708. Duties of executor or administrator.
§ 1709. Security given by beneficiaries.
§ 1710. Revocation of letters and vacation of decree of presumed death — Effect generally.
§ 1712. Probate of will produced after issuance of letters; effect upon prior administration.