If there is any surplus of the sale, after paying all the debts, it shall belong to the person to whom the premises sold belonged at the time of the sale, who shall have the same proportion, quantity and manner of interest in the surplus, as the person had in the premises sold; and an executor or administrator shall not detain the surplus, or any part of it, on account of any mortgage, obligation or recognizance entered into or executed by the decedent with other condition than for the absolute payment of money or interest and which was a lien on the premises sold.
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.