In an action against an executor or administrator the first process shall be a summons. If the defendant, being summoned, does not appear, judgment by default shall be entered against the defendant and upon such judgment the Superior Court may, upon motion, order the Prothonotary to ascertain the amount in which case, at least 5 days' written notice shall be given to the defendant of the time when the Prothonotary will consider the case and execution may be issued as soon as the amount is ascertained or, upon such judgment by default, a rule of reference may be entered as prescribed in Chapter 47 of Title 10 or a writ of inquiry awarded if it be a case proper for the writ.
Structure Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 31. SUITS AGAINST EXECUTORS AND ADMINISTRATORS
§ 3121. Consequences of instituting suit without presenting claim.
§ 3122. Process; default judgment and proceedings thereon.
§ 3123. Effect of judgment against executor or administrator.