(a) When the personal estate of a decedent is not sufficient to pay the decedent's debts, the decedent's executor or administrator may present to the Court of Chancery of the county in which there is any real estate of the decedent a petition outlining such facts, and praying for an order for sale of the whole, or such part thereof, if the personal estate is not sufficient for that purpose.
(b) Written notice of intention to present such petition, and of the day and place of doing so, shall be given by the executor or administrator at least 10 days in advance to the parties interested or, if any of the parties be minors and have guardians, to such guardians if such parties and guardians reside in the State, and also to the tenants in possession of the premises intended to be sold. If any of the parties or guardians do not reside in the State, there shall, in such case, be such publication or service of notice in respect to them as shall be prescribed by the Court of Chancery, by general rule, or specially directed in any case.
(c) Where the decedent has real estate in more than 1 of the counties of this State the petition may be presented to the Court of Chancery of any of the counties wherein such real estate is located. The Court may, in such action, make an order in relation to any real estate of the decedent located within this State. The Court shall order the part of the proceedings which relates to real estate in a county, other than that where the petition is presented, to be certified and recorded in the Court of Chancery in that county; and the record shall have all the effect of an original record. The sale of any such real estate shall be conducted only in the county wherein such real estate is located.
Structure Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 27. SALE OF LANDS BY EXECUTORS AND ADMINISTRATORS
§ 2701. Petition for sale of realty to pay decedent's debts; notice.
§ 2702. Application by creditor to compel sale of realty; procedure.
§ 2703. Proof in action to compel sale of realty.
§ 2704. Order of sale; realty to be sold.
§ 2705. Partition no bar to sale.
§ 2706. Manner of sale; notice and adjournment in case of public auction.
§ 2710. Application of proceeds of sale; order of payment of debts.
§ 2711. Disposition of surplus after paying debts.
§ 2712. Order for disposition of surplus.
§ 2713. Bond to be given by executor or administrator before executing order of sale.
§ 2714. Purchase money payable to a successor administrator.
§ 2715. Refund of purchase money when sale not returned or not approved.
§ 2716. Charges of sale; taxing and payment.
§ 2717. Power to refuse order for sale or to approve a sale.
§ 2718. Appeal to Supreme Court.
§ 2719. Power of sale in will; execution; liability of purchaser for application of purchase money.