The real estate of a deceased person shall not be liable to be taken in execution upon, and shall not be bound by a judgment against deceased's executor or administrator, unless such judgment is rendered upon a verdict, or an inquisition, or upon the report of referees on a rule of reference entered, upon application of the parties, by the Superior Court, referring all matters in controversy to 3 judicious and impartial freeholders (or more if the parties so request) to be appointed by the Court. Judgment shall be rendered on their report or the report of a majority of them.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
Subchapter IV. Judgments Against Executors and Administrators
§ 4771. Report of referees; conclusiveness as to assets.
§ 4772. Decedent's real estate as bound.
§ 4773. Application by plaintiff for rule of reference.
§ 4774. Notice of meeting of referees.
§ 4775. Rule of reference after judgment by default or upon motion.