A creditor of the decedent may apply to the Court of Chancery of the county wherein the letters were granted to issue a citation to an executor or administrator to appear before it, on a day to be therein mentioned, to show cause why the creditor shall not present a petition to the Court for the purpose mentioned in § 2701 of this title. The citation shall be served at least 10 days before its return. If upon a hearing it appears that there is a deficiency of assets for the payment of the decedent's debts, and that the creditor will be remediless without the sale of the real estate, or part thereof, then the Court may order the executor or administrator to present such petition to it on or before such date to be fixed by the Court as will enable the notice required by § 2701 of this title to be given.
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.