Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations

§ 210. Alteration, theft or destruction of will; class E felony. - Whoever wilfully adds to, alters, defaces, erases, obliterates, mutilates, blots,...

§ 211. Testamentary additions to trusts. - (a) A will may validly devise or bequeath property to...

§ 212. Bequest of tangible personal property by separate writing. - A will may refer to a written statement or list...

§ 213. Rules for construction or interpretation of will [For application of this section, see 81 Del. Laws, c. 320, § 8]. - In the construction or interpretation of any will the rules...

§ 214. Devolution of property; administration of decedents' estates. - Solely for the purposes of determining the rights of any...

Subchapter II. Delaware Uniform International Wills Act

§ 251. Definitions. - In this subchapter: (1) “Authorized person” and “person authorized to...

§ 252. International will — validity. - (a) A will is valid as regards form, irrespective particularly...

§ 253. International will — requirements. - (a) The will must be made in writing. It need...

§ 254. International wills — other points of form. - (a) The signatures must be placed at the end of...

§ 255. International will — certificate. - The authorized person shall attach to the will a certificate...

§ 256. International will — effect of certificate. - In the absence of evidence to the contrary, the certificate...

§ 257. International will — revocation. - An international will is subject to the rules of revocation...

§ 258. Source and construction. - Sections 251 through 257 of this title derive from Annex...

§ 259. Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency. - Individuals who have been admitted to practice law before the...

Subchapter III. Disposition of a Person’s Last Remains

§ 260. Definitions. - As used in this subchapter, unless the context otherwise requires:...

§ 261. Limitations. - This subchapter shall not be construed to: (1) Invalidate a...

§ 262. Declaration of disposition of last remains. - The declarant may specify, in a declaration instrument, any 1...

§ 263. Reliance upon declaration instruments. - (a) A third party who acts in good faith reliance...

§ 264. Right to dispose of remains. - (a) The right to control disposition of the last remains...

§ 265. Declaration of disposition of last remains; form. - The following declaration of disposition of last remains must be...

§ 266. Declaration — other points of form. - (a) The form set forth in § 265 of this...

§ 267. Declaration — revocation generally. - A declaration may be revoked by the declarant in writing...

§ 268. Declaration — revocation by divorce. - Unless otherwise expressly provided in a declaration instrument, a subsequent...

§ 269. Declaration — revocation of designee. - Unless otherwise specified in the declaration instrument, if a declarant...

§ 270. Interstate effect of declaration. - (a) Unless otherwise stated in a declaration instrument, it shall...

Chapter 3. AFTER-BORN CHILDREN; MARRIAGE AFTER WILL

Subchapter I. After-Born Children

§ 301. Shares of after-born children. - A child born after its parent has made a last...

§ 302. Raising share of after-born child. - Towards the raising of the portion of an after-born child,...

§ 303. Appraisal and assignment of intestate real estate; appointment and duties of freeholders. - (a) The Court of Chancery, upon the petition of any...

§ 304. Oath of freeholders and surveyor; action by majority. - The freeholders and surveyor and all persons employed in the...

§ 305. Vacancies among freeholders. - The Court of Chancery may fill any vacancy occurring among...

§ 306. Return of freeholders; conclusiveness. - The freeholders shall return their proceedings in the premises, under...

§ 307. Contribution from devisees or legatees. - If the intestate real estate, allotted under the foregoing provisions,...

§ 308. Disposition of residue of intestate real or personal estate. - Any residue of intestate estate, real or personal, remaining after...

§ 309. Application of intestacy laws to lands allotted after-born children. - Lands and tenements allotted to after-born children under the foregoing...

§ 310. Posthumous children. - Posthumous children or children in the mother's womb, if born...

Subchapter II. Marriage After Will

§ 321. Share of surviving spouse. - The descent or devolution of the estate, real or personal,...

§ 322. Assignment of share to surviving spouse. - The part to which the surviving spouse shall be entitled...

§ 323. Revocation of will by subsequent marriage. - Subsequent marriage shall not revoke the last will and testament...

Chapter 5. INTESTATE SUCCESSION

§ 501. Intestate estate. - Any part of the real or personal estate of a...

§ 502. Share of spouse. - The intestate share of the surviving spouse is: (1) If...

§ 503. Share of heirs other than surviving spouse. - The part of the intestate estate not passing to the...

§ 504. Requirement that heir survive decedent for 120 hours. - Any person who fails to survive the decedent by 120...

§ 505. Posthumous children. - Posthumous children, born alive, shall be considered as though living...

§ 506. Kindred of half blood. - Relatives of the half blood inherit the same share they...

§ 507. Alienage. - No person is disqualified to take as an heir because...

§ 508. Meaning of “child” and related terms [For application of this section, see 79 Del. Laws, c. 172, § 6]. - If, for purposes of intestate succession, a relationship of parent...

§ 509. Advancements. - If a person dies intestate as to all the estate,...

§ 510. Debts owed to decedent. - A debt owed to the decedent is charged against the...

§ 511. Dower and curtesy abolished. - The estates of dower and curtesy are abolished.

Chapter 6. DISCLAIMER

§ 601. Short title. - This chapter may be cited as the “Delaware Disclaimer Act.

§ 602. Definitions. - In this chapter, unless the context otherwise requires: (1) “Beneficiary...

§ 603. Scope; property subject to disclaimer. - This chapter applies to disclaimers of any interest in or...

§ 604. Chapter supplemented by other law; chapter not exclusive. - (a) Unless displaced by a provision of this chapter, the...

§ 605. Power to disclaim; requisites and execution; when irrevocable. - (a) A person may disclaim, in whole or part, any...

§ 606. Disclaimer of interest in property. - (a) Except for a disclaimer governed by § 607 or...

§ 607. Disclaimer of rights of survivorship in jointly held property. - (a) Upon the death of an owner of jointly held...

§ 608. Disclaimer of interest by trustee. - Except as limited by § 3324(a) of this title, if...

§ 609. Disclaimer of power held in fiduciary capacity. - If a holder who is a fiduciary disclaims a power...

§ 610. Disclaimer of power of appointment or other power not held in fiduciary capacity. - If a holder that is not a fiduciary disclaims a...

§ 611. Disclaimer by appointee, permissible appointee, or taker in default of exercise of power of appointment. - (a) A disclaimer of an interest in property by an...

§ 612. Delivery and recording requirements. - (a) Subject to subsections (b) through (k) of this section,...

§ 613. Disclaimers affecting real property. - If the property interest being disclaimed is an interest in...

§ 614. When disclaimer barred or limited. - (a) A disclaimer is barred by a written waiver of...

§ 615. Tax qualified disclaimer. - Notwithstanding any other provision of this chapter, if as a...

§ 616. Application to existing and expired relationships. - (a) Except as otherwise provided in § 614 of this...

§ 617. Severability clause. - If any provision of this chapter or its application to...

Chapter 7. SIMULTANEOUS DEATH

§ 701. Insufficient evidence of survivorship. - Where the title to property or the devolution thereof depends...

§ 702. Beneficiaries of another person's disposition of property. - Where 2 or more beneficiaries are designated to take successively...

§ 703. Joint tenants or tenants by the entirety. - Where there is no sufficient evidence that 2 joint tenants...

§ 704. Insurance policies. - Where the insured and the beneficiary in a policy of...

§ 705. Retroactive effect of chapter. - This chapter shall not apply to the distribution of the...

§ 706. Application of chapter. - This chapter shall not apply in the case of wills,...

§ 707. Uniformity of interpretation. - This chapter shall be so construed and interpreted as to...

Chapter 8. UNIFORM TOD SECURITY REGISTRATION ACT

§ 801. Definitions. - In this chapter, unless the context otherwise requires: (1) “Beneficiary...

§ 802. Registration in beneficiary form — sole or joint tenancy ownership. - Only individuals whose registration of a security shows sole ownership...

§ 803. Registration in beneficiary form — applicable law. - A security may be registered in beneficiary form if the...

§ 804. Origination of registration in beneficiary form. - A security, whether evidenced by certificate or account, is registered...

§ 805. Form of registration in beneficiary form. - Registration in beneficiary form may be shown by the words...

§ 806. Effect of registration in beneficiary form. - The designation of a TOD beneficiary on a registration in...

§ 807. Ownership on death of owner. - On death of a sole owner or the last to...

§ 808. Protection of registering entity. - (a) A registering entity is not required to offer or...

§ 809. Nontestamentary transfer on death. - (a) A transfer on death resulting from a registration in...

§ 810. Terms, conditions, and forms for registration. - (a) A registering entity offering to accept registrations in beneficiary...

§ 811. Short title. - This chapter shall be known as and may be cited...

§ 812. Application of chapter. - This chapter applies to registrations of securities in beneficiary form...

Chapter 9. ELECTIVE SHARE

§ 901. Right to elective share. - (a) If a married person domiciled in this State dies,...

§ 902. Elective estate defined. - (a) The elective estate means the amount of the decedent's...

§ 903. Transfers to surviving spouse by decedent. - The value of the property transferred to the surviving spouse...

§ 904. Right of election personal to surviving spouse. - The right of election of the surviving spouse may be...

§ 905. Waiver of right to elect and of other rights. - The right of election of a surviving spouse may be...

§ 906. Proceeding for elective share; time limit. - (a) The surviving spouse may elect to take an elective...

§ 907. Effect of election on benefits derived from decedent. - (a) The surviving spouse's election of an elective share does...

§ 908. Liability for elective share. - (a) The liability for the amount of the elective share...

Chapter 11. ESCHEATS

Subchapter I. Intestate Property

§ 1101. Escheat of estates. - If any person, being at the time of death seized...

§ 1102. Escheator of the State [For application of this section, see 83 Del. Laws, c. 59, § 25.]. - There shall be an Escheator of the State, who shall...

§ 1103. Suit to determine escheat. - (a) Filing suit. — The Escheator, upon personal knowledge or...

§ 1104. Final hearing and order. - After the required notice has been given, a hearing shall...

§ 1105. Presumption of death. - If any person is absent from the State for 7...

§ 1106. Seizure of escheated personalty. - If, after hearing as provided herein, the Court finds that...

§ 1107. Sale of seized property by sheriff. - The sheriff shall sell the goods and chattels seized and...

§ 1108. Return of writ of seizure. - (a) The writ prescribed in § 1106 of this title...

§ 1109. Lease, retention or sale of real property. - If, after hearing under this subchapter, the Court finds that...

§ 1110. Conveyance of realty to purchaser after sale. - Immediately after sale under § 1109 of this title, the...

§ 1111. Nature of title of purchaser of realty. - The title conveyed by virtue of a deed under §...

§ 1112. Proceeds of sale. - The Escheator shall pay over the proceeds received from the...

§ 1113. Claims to proceeds of sale. - Any person who did not participate in or receive actual...

§ 1114. Recovery of credits or property of the intestate not included in the Court's initial escheat order. - If any person, at the death of any intestate, shall...

§ 1115. Expenses of Escheator. - The Escheator may, from time to time, draw a warrant...

§ 1116. Conveyance of certain escheated real property previously owned by a religious body. - The Secretary of State shall convey to a properly organized...

Subchapter II. Unclaimed Property

§ 1130. Definitions. - As used in this chapter: (1) “Audit Manager” means the...

§ 1131. Inapplicability to wholly foreign transaction. - This chapter does not apply to property held, due, and...

§ 1132. Rule-making. - Except as provided in §§ 1167, 1173(a), and 1176(b) of...

§ 1133. When property presumed abandoned. - Subject to § 1136 of this title, property is presumed...

§ 1134. When contents of safe deposit box presumed abandoned. - Proceeds from a sale of tangible property held in a...

§ 1135. When related property interest presumed abandoned. - At the time an interest is presumed abandoned under this...

§ 1136. Indication of owner interest in property. - (a) Property is not presumed abandoned if the owner indicates...

§ 1137. Knowledge of death. - Knowledge of death regarding an owner's interest in property may...

§ 1138. Retained asset account for insurance policy or annuity contract. - If proceeds payable under a life or endowment insurance policy...

§ 1139. Address of owner to establish priority. - (a) The last-known address of an owner is a description,...

§ 1140. Address of owner in this State. - The State Escheator may take custody of property that is...

§ 1141. Holder domiciled in this State. - (a) Except as otherwise provided in subsection (b) of this...

§ 1142. Report required by holder. - (a) A holder of property presumed abandoned and subject to...

§ 1143. Content of report. - (a) The report required under § 1142 of this title...

§ 1144. When report to be filed. - (a) Subject to subsection (d) of this section, the report...

§ 1145. Retention of records by holder [For application of this section, see 83 Del. Laws, c. 346, § 12]. - (a) A holder required to file a report under §...

§ 1146. When property reportable and payable or deliverable. - Property is reportable and payable or deliverable under this chapter...

§ 1147. Limitation on assignment or transfer of liability. - (a) A holder may not assign or otherwise transfer its...

§ 1148. Notice to owner by holder [For application of this section, see 83 Del. Laws, c. 59, § 25]. - The holder of property presumed abandoned shall send to the...

§ 1149. Contents of notice by holder. - (a) The notice under § 1148 of this title must...

§ 1150. Notice to owner by State Escheator [For application of this section, see 83 Del. Laws, c. 346, § 12]. - (a) Subject to subsection (b) of this section, as soon...

§ 1151. Cooperation among agencies to determine owner. - Unless prohibited by law of this State other than this...

§ 1152. Payment or delivery of property to State Escheator. - (a) Except as otherwise provided in this section, on filing...

§ 1153. Effect of payment or delivery of property to State Escheator. - (a) Unless otherwise addressed in subsection (b) of this section,...

§ 1154. Interest not to run after report of property and limitation on claims. - (a) Notwithstanding any other provision of law, no person entitled...

§ 1155. State Escheator's options as to custody. - (a) The State Escheator may decline to take custody of...

§ § 1156. Periods of limitation. - (a) Expiration, before, on, or after February 2, 2017, of...

§ 1157. No private escheat. - Any provision in a certificate of incorporation, bylaw, trust agreement,...

§ 1158. Public sale of property. - (a) All property, other than money, delivered to the State...

§ 1159. Disposal of securities [For application of this section, see 83 Del. Laws, c. 346, § 12]. - If a security is delivered to the State Escheator under...

§ 1160. Recovery of securities or value by owner [For application of this section, see 83 Del. Laws, c. 59, § 25; and 83 Del. Laws, c. 346, § 12]. - (a) Beginning on July 1, 2017, a person that makes...

§ 1161. Purchaser owns property after sale. - All sales of property made by the State Escheator under...

§ 1162. Military medals. - (a) A financial institution may not sell a medal or...

§ 1163. Deposit and disbursement of funds. - (a) Subject to the limitations in § 6102(s) of Title...

§ 1164. State Escheator to retain records of property. - The State Escheator shall record and retain the holder report...

§ 1165. Claim for property by person claiming to be owner. - (a) Any person claiming an interest in any property paid...

§ 1166. When State Escheator must honor claim for property [For application of this section, see 83 Del. Laws, c. 59, § 25; and 83 Del. Laws, c. 346, § 12]. - (a) The State Escheator shall pay or deliver property to...

§ 1167. Claims and rights of appeal [For application of this section, see 83 Del. Laws, c. 59, § 25; and 83 Del. Laws, c. 346, § 12]. - (a) The State Escheator shall possess full and complete authority...

§ 1168. Payment by State Escheator. - Any claim which is allowed by, or ordered to be...

§ 1169. Allowance of claim for property. - (a) On request of the owner, the State Escheator may...

§ 1170. Request for report of property; compliance reviews. - (a) If a person does or does not file a...

§ 1171. Examination to determine compliance with chapter [For application of this section, see 83 Del. Laws, c. 59, § 25]. - The State Escheator, at reasonable times and on reasonable notice,...

§ 1172. Rules and procedures for conducting an examination [For application of this section, see 83 Del. Laws, c. 59, § 25]. - (a) Effective July 1, 2015, and subject to subsection (d)...

§ 1173. Voluntary property reporting outreach program. - (a) Notwithstanding any other provision of this title or Chapter...

§ 1174. Records obtained in examination or voluntary disclosure. - All of the following apply to records obtained and records,...

§ 1175. Evidence of debt or undischarged obligation. - (a) A record showing an unpaid debt or undischarged obligation...

§ 1176. Failure of person examined to retain records. - (a) If a person subject to examination under § 1171...

§ 1177. Report to person whose records were examined [For application of this section, see 83 Del. Laws, c. 59, § 25]. - At the conclusion of an examination under § 1171 of...

§ 1178. State Escheator's contract with another to conduct compliance review and examination and limit on future employment. - (a) The State Escheator may contract with a person to...

§ 1179. Judicial review procedure; Court of Chancery jurisdiction [For application of this section, see 83 Del. Laws, c. 59, § 25]. - (a) If, after examining any report required by this chapter...

§ 1180. Judicial action to enforce liability. - (a) If any person refuses to pay or deliver property,...

§ 1181. Interstate agreement and cooperation. - (a) Subject to subsection (b) of this section, the State...

§ 1182. Action involving another state. - (a) The State Escheator may join other states to examine...

§ 1183. Interest and penalties. - (a) Interest at 0.5% per month on outstanding unpaid amounts...

§ 1184. Other civil penalties. - If a holder enters into a contract or other arrangement...

§ 1185. Waiver of interest and penalty [For application of this section, see 83 Del. Laws, c. 59, § 25]. - (a) The State Escheator may, for good cause, waive, in...

§ 1186. When agreement to locate property enforceable. - An agreement by an owner and a person, a purpose...

§ 1187. When agreement to locate property unenforceable. - (a) Subject to subsection (b) of this section, an agreement...

§ 1188. Right of owner's agent to recover property held by State Escheator. - (a) An owner that contracts with a person to locate,...

§ 1189. Confidentiality of records. - (a) Except in accordance with proper judicial order or as...

§ 1190. Severability. - If any provision of this chapter or its application to...

Subchapter V. Escheat of Postal Savings System Accounts

§ 1220. Declaration of escheat. - All postal savings system accounts created by the deposits of...

§ 1221. Obtaining information on accounts. - The Secretary of State shall request from the Bureau of...

§ 1222. Proceeding to adjudicate escheat. - The Secretary of State may bring proceedings in the United...

§ 1223. Notice. - The Secretary of State shall notify depositors whose accounts are...

§ 1224. Collection and deposit of funds; indemnification of United States. - (a) The Secretary of State shall present a copy of...

Chapter 13. GENERAL PROVISIONS

§ 1301. Production of will; liability. - (a) Any person, having the custody or possession of any...

§ 1302. Proving will. - (a) A will shall be proved before the Register of...

§ 1303. Notice and subpoena to persons interested. - Proof of a will may be taken without notice to...

§ 1304. Unavailability of witnesses. - (a) In case any attesting and subscribing witness to a...

§ 1305. Self-proved will. - An attested will may at the time of its execution...

§ 1306. Choice of law as to execution and proving of wills. - (a) A written will signed by the testator, or by...

§ 1307. Will of nondomiciliary; admission, recording and evidence. - (a) The written will of a testator who died domiciled...

§ 1308. Caveat against allowance of instrument as will; procedure. - (a) A caveat against the allowance of an instrument as...

§ 1309. Review of proof of will; procedure. - (a) Any person interested who shall not voluntarily appear at...

§ 1310. Formal testacy proceedings; contested cases; testimony of attesting witnesses. - If the will is self-proved, compliance with signature requirements for...

§ 1311. Pre-mortem will validation [For application of this section, see 80 Del. Laws, c. 153, § 5]. - (a) No proceedings under § 1308 or § 1309 of...

§ 1312. Limitation on action contesting validity of exercise of power of appointment [For application of this section, see 80 Del. Laws, c. 153, § 5]. - (a) A judicial proceeding to contest whether an exercise of...

§ 1313. Restricted access to a decedent's safe deposit box for the limited purpose of retrieving the decedent's last will or declaration of disposition of last remains prior to the appointment of personal representative. - (a) After the death of the decedent but prior to...

Chapter 15. LETTERS TESTAMENTARY AND LETTERS OF ADMINISTRATION

Subchapter I. General Provisions

§ 1501. Necessity for letters testamentary or of administration. - No one shall act as the executor or administrator of...

§ 1502. Grant of letters testamentary. - (a) If a will of a domiciliary or nondomiciliary decedent...

§ 1503. Grant of letters to one under an incapacity. - If a person named executor shall be under an incapacity,...

§ 1504. Grant of letters of administration. - (a) Letters of administration, with the will annexed, of the...

§ 1505. Persons entitled to letters of administration. - (a) Letters of administration with the will annexed, letters of...

§ 1506. Power of attorney by nondomiciliary executor or administrator. - In case of the grant of letters testamentary or of...

§ 1507. Successor administrator; personal representative of executor or administrator; administration during pendency of litigation. - (a) Upon the removal or resignation from office, or upon...

§ 1508. Persons not qualified to receive letters testamentary or of administration. - Letters testamentary, or of administration, shall not be granted to...

§ 1509. Oath of executor or administrator. - Every executor or administrator shall take and subscribe an oath,...

§ 1510. Personal representatives of deceased guardians. - Upon appointment, every executor or administrator of the estate of...

Subchapter II. Bond

§ 1521. Requirement. - Prior to receiving letters, a personal representative shall qualify by...

§ 1522. Exception to bond requirement. - No bond shall be required of a personal representative prior...

§ 1523. Amount; security; execution; excusing requirement. - If bond is required and the provisions of the will...

§ 1524. Demand that representative be bonded. - Any person apparently having an interest in the estate worth...

§ 1525. Conditions. - (a) The following requirements and provisions apply to any bond...

§ 1526. Objection to amount or condition. - If any interested person objects to the amount of the...

§ 1527. Liability for estate taxes and duties related thereto. - The bond of a personal representative shall be liable for...

§ 1528. Certificate of approval; preservation. - (a) The execution of the required bond shall be sufficient...

Subchapter III. Death, Removal or Discharge of Executor or Administrator

§ 1541. Removal for neglect of duties. - (a) If an executor or administrator neglects official duties, the...

§ 1542. Removal of executor or administrator upon subsequent probate of will. - If, after the grant of letters testamentary or the grant...

§ 1543. Rights of coexecutor, coadministrator or successor upon death or removal. - Whenever an executor or administrator is removed or dies before...

§ 1544. Commissions; allowance and apportionment. - When part of the effects of the deceased passes from...

§ 1545. Validity of acts of removed or deceased executor or administrator. - Any act done by an executor or administrator in the...

§ 1546. Refusal to deliver unadministered assets. - (a) If any executor or administrator who has been removed...

§ 1547. Discharge of executor or administrator upon petition; procedure; appeal. - (a) An executor or administrator may, by petition to the...

Subchapter IV. Life Interest in Personalty Where Will Appoints No Trustee to Administer

§ 1551. Appointment of trustee upon petition of executor or administrator; bond, duties and release of trustee. - (a) When any person, other than the person who during...

§ 1552. Receipt of trustee. - The receipt of the trustee, appointed under § 1551 of...

§ 1553. Personalty in possession of life tenant; discharge of executor or administrator with will annexed; liability of life tenant. - When the executor or administrator with the will annexed, in...

Subchapter V. Foreign Representatives

§ 1561. Definitions. - As used in this subchapter, the following definitions shall apply:...

§ 1562. Payment of debt and delivery of property to domiciliary foreign personal representative without local administration. - At any time after the expiration of 60 days from...

§ 1563. Payment or delivery discharges. - Payment or delivery made in good faith on the basis...

§ 1564. Resident creditor notice. - Payment or delivery under § 1562 of this title may...

§ 1565. Proof of authority and bond. - If no local ancillary administration or application or petition therefor...

§ 1566. Powers. - A domiciliary foreign personal representative who has complied with §...

§ 1567. Power of representatives in transition. - The power of a domiciliary foreign personal representative under §...

§ 1568. Ancillary and other local administrations; provisions governing. - In respect to the local administration of the estate of...

§ 1569. Jurisdiction by act of foreign personal representative. - A foreign personal representative submits to the jurisdiction of the...

§ 1570. Jurisdiction by act of decedent. - In addition to jurisdiction conferred by § 1569 of this...

§ 1571. Service on foreign personal representative. - (a) Service of process may be made upon the foreign...

§ 1572. Effect of adjudication for or against personal representative. - In the absence of fraud or collusion, an adjudication rendered...

§ 1573. Authentication and recognition of acknowledgements. - The authentication and recognition of the acknowledgement of a foreign...

Chapter 17. ABSENTEES; PRESUMED DECEDENTS

§ 1701. Presumption of death. - (a) When the death of a person or the date...

§ 1702. Petition for adjudication of presumed death; notice of hearing. - (a) Whenever any person is presumed to be dead on...

§ 1703. Petition for ancillary letters on estate of nondomiciliary presumed decedent; notice of hearing. - (a) Whenever letters of administration or letters testamentary have been...

§ 1704. Hearing; competency of witnesses. - At the hearing in either of the cases provided for...

§ 1705. Search for absentee. - The Court of Chancery, on its own motion or upon...

§ 1706. Decree of presumed death; admission of will to probate and grant of letters. - (a) If satisfied, upon the hearing, or upon the report...

§ 1707. Title to real estate of presumed decedent; recording of decree. - (a) Whenever the Court of Chancery enters a decree that...

§ 1708. Duties of executor or administrator. - The executor or administrator to whom letters have been issued...

§ 1709. Security given by beneficiaries. - (a) Before any distribution is made of the assets of...

§ 1710. Revocation of letters and vacation of decree of presumed death — Effect generally. - The Court of Chancery may revoke the letters and vacate...

§ 1711. Revocation of letters and vacation of decree of presumed death — Effect upon pending actions and upon judgments rendered. - After revocation of the letters, and vacation of the decree...

§ 1712. Probate of will produced after issuance of letters; effect upon prior administration. - (a) Whenever letters testamentary or of administration shall be issued...

§ 1713. Costs. - The costs attending the issuance or revocation of letters shall...

Chapter 19. ASSETS OF ESTATES; INVENTORY AND APPRAISAL

§ 1901. Personal property constituting assets of estate; exceptions; employee death benefit plans and insurance policies. - (a) Estates in lands, tenements and hereditaments held by the...

§ 1902. Rents and profits of deceased's real estate as estate assets; possession and repair of real estate. - (a) The rents and profits of the real estate of...

§ 1903. Growing crops. - When there is a crop growing or begun, the executor...

§ 1904. Appraisers; appointment. - The personal representative may employ 1 or more qualified and...

§ 1905. Inventory and appraisal; filing requirements, form, contents and supporting affidavits; notice of action affecting title. - (a) Every executor or administrator shall, within 3 months after...

§ 1906. Failure to file inventory; civil and criminal penalties. - (a) Any executor or administrator who fails to file the...

§ 1907. Refusal of a coexecutor or coadministrator to file inventory. - Where there are several executors or administrators, if either of...

§ 1908. Affidavit of diligent inquiry. - An affidavit, signed by the executor or administrator and declaring...

§ 1909. Executor's debt to decedent. - The making of a person executor shall not extinguish any...

§ 1910. Additional inventory; after discovered assets. - If, after the return of an inventory or list of...

§ 1911. Power of Court to suppress, reject and order another inventory or list. - The Court of Chancery may order an inventory or list...

§ 1912. Recording inventory and notation of inheritance tax status in Inheritance and Succession Docket. - (a) Every inventory, list and statement filed pursuant to §...

Chapter 21. DEBTS OF AND CLAIMS AGAINST ESTATE

§ 2101. Notice to creditors to present claims; publication. - (a) The Register of Wills shall give notice as provided...

§ 2102. Limitations on claims against estate. - (a) All claims against a decedent's estate which arose before...

§ 2103. Debts of which notice is presumed. - An executor or administrator shall be deemed to have notice...

§ 2104. Manner of presentation of claims. - Claims against a decedent's estate may be presented as follows:...

§ 2105. Order of preference of claims against estate. - (a) Executors and administrators after payment of all administration expenses,...

§ 2106. Petition to Court of Chancery to determine order of preference. - Whenever an executor or administrator is unable to determine between...

§ 2107. Payment of claims after 3 months without notice of claim of higher priority. - If an executor or administrator, after the expiration of 3...

§ 2109. Barring of claims against estates when no letters have been granted within 10 years from death. - If no letters have been granted upon the estate of...

Chapter 23. ACCOUNTING AND DISTRIBUTION

Subchapter I. General Provisions

§ 2301. Rendering of accounts; extension of time; appeal; authority of Register of Wills and Court of Chancery. - (a) Every executor or administrator shall render an account of...

§ 2302. Notice of filing of account; waiver; exceptions. - (a) Every account filed by an executor or administrator shall...

§ 2303. Recording of account; fees; evidence. - (a) All accounts and settlements of executors and administrators as...

§ 2304. Estate tax returns or affidavits. - (a) Whenever a return required under Chapter 15 of Title...

§ 2305. Allowance of commissions and attorneys' fees. - (a) Commissions and attorneys' fees shall be allowed as provided...

§ 2306. Distribution of decedent's property without grant of letters where estate assets do not exceed $30,000. - (a) The spouse of a decedent or any person who...

§ 2307. Effect of distribution without letters. - (a) The person making payment, delivery, transfer or issuance pursuant...

§ 2308. Surviving spouse's allowance. - (a) The surviving spouse of any decedent shall be entitled...

§ 2309. Recordation of death certificates. - In all cases where there is an interest in real...

Subchapter II. Payment of Legacies or Distributive Shares

§ 2311. Time for settling estate; accounting for interest or earnings pending settlement. - Except where circumstances justify a longer period, an executor or...

§ 2312. Payment of legacies; refusal to pay or deliver; bond; interest. - (a) Any legacy, if no time is appointed, shall be...

§ 2313. Anti-lapse; deceased devisee; class gifts. - (a) (1) If a devisee or legatee who is a...

§ 2313A. Failure of share of residuary. - (a) Except as provided in § 2313 of this title,...

§ 2314. Legacy to creditor of testator. - A legacy shall not be deemed to be in satisfaction...

§ 2315. Payment of legacies or distributive shares to minors or persons absent from the State. - (a) If an executor or administrator cannot pay over money...

§ 2316. Payment of legacy, distributive share or trust fund where person entitled is out of State, unknown, etc.; proceedings. - (a) If an executor, administrator or trustee cannot pay over...

§ 2317. Abatement. - (a) Except as provided in subsection (b) of this section...

§ 2318. Proportional contribution of legatees. - If there are several legacies, and a return of part...

§ 2319. Transfer of investments or other property to guardian or trustee in payment of specific legacy or distributive share; receipt. - Whenever an executor or administrator makes an assignment of any...

§ 2320. Release, acquittance or receipt to executor or administrator; form, execution, recording and evidence. - (a) Any release, acquittance or receipt, being executed under hand...

§ 2321. Distributions by fiduciaries in satisfaction of pecuniary bequests. - (a) Where a will or a trust agreement authorizes the...

§ 2322. Effect of manslaughter or murder on intestate succession, wills, joint assets, life insurance and beneficiary designations. - (a) Definitions. — (1) “Decedent” shall mean any person whose...

Subchapter III. Decree of Distribution

§ 2331. Jurisdiction of Court of Chancery. - The jurisdiction of the Court of Chancery shall extend to...

§ 2332. Petition for decree of distribution; notice required by Constitution. - (a) An executor or administrator or any person claiming to...

§ 2333. Order fixing hearing date and providing for notice. - (a) Upon the filing of the petition provided for under...

§ 2334. Hearing and evidence. - At the hearing of the application or any adjournment thereof,...

§ 2335. Decree of distribution; reservation for contingent liabilities. - If, upon the hearing, the Court of Chancery shall be...

§ 2336. Distribution of assets in kind. - Whenever it appears in any proceeding under this subchapter that...

§ 2337. Appointment of master; exceptions to master's report. - The Court of Chancery, instead of hearing in the first...

§ 2338. Finality of decree; appeal to Supreme Court; record on appeal. - (a) Every decree of distribution made by the Court of...

§ 2339. Rule-making power of Court of Chancery. - The Court of Chancery may make all necessary rules of...

Subchapter IV. Nondomiciliary Decedents’ Estates

§ 2351. Definitions. - As used in this subchapter: (1) “Death tax” and “death...

§ 2352. Proof of payment of domiciliary death taxes. - At any time before the expiration of 18 months after...

§ 2353. Notice to domiciliary state. - If the proof required by § 2352 of this title...

§ 2354. Accounting and decree of Court of Chancery upon petition of domiciliary state. - Within 60 days after the mailing of the notice required...

§ 2355. Prerequisites of approval of final account. - No final account of an executor or administrator of a...

§ 2356. Applicability of subchapter. - This subchapter shall apply to the estate of a nondomiciliary...

§ 2357. Construction of subchapter. - This subchapter shall be liberally construed in order to ensure...

Chapter 25. REGISTER OF WILLS

§ 2501. Register of Wills is a Clerk of Court of Chancery. - In performing the functions of the office, the Register of...

§ 2502. Powers. - (a) The Register of Wills shall have power to take...

§ 2503. Commission to take deposition. - (a) If the attendance of a witness to a will...

§ 2504. Compensation. - The Registers of Wills in respective counties shall receive the...

§ 2505. Bond. - The official bond of every Register of Wills of this...

§ 2506. Deputy register — Powers; recording appointment. - In all cases where, in the administration of the affairs...

§ 2507. Deputy Register — Chief deputy; employment of deputies and clerks. - (a) The Chancellor shall name a chief deputy register of...

§ 2508. Report of real estate transfers to Board of Assessment. - Each Register of Wills shall furnish to the Board of...

§ 2509. Delivery of records; photocopies; evidence. - (a) Each Register of Wills upon the advice and approval...

§ 2510. Fees. - The governing body of each county shall determine the fees...

§ 2511. Posting of fee list. - Every Register of Wills shall keep for public inspection in...

§ 2512. Refusal to pay fees; penalty. - Whoever neglects or refuses to pay the fees provided for...

§ 2513. Deposit of original wills with Register in New Castle County, Kent County, and Sussex County. - (a) An original will may be deposited by any testator,...

Chapter 27. SALE OF LANDS BY EXECUTORS AND ADMINISTRATORS

§ 2701. Petition for sale of realty to pay decedent's debts; notice. - (a) When the personal estate of a decedent is not...

§ 2702. Application by creditor to compel sale of realty; procedure. - A creditor of the decedent may apply to the Court...

§ 2703. Proof in action to compel sale of realty. - In cases of a petition for an order for sale...

§ 2704. Order of sale; realty to be sold. - The Court of Chancery may, if it appears that there...

§ 2705. Partition no bar to sale. - The fact that partition has been made of the real...

§ 2706. Manner of sale; notice and adjournment in case of public auction. - Every sale under this chapter shall be by public auction...

§ 2707. Effect of contribution in advance of sale to payment of debts; contribution to equalize burden after sale. - If any devisee, or person holding any part of the...

§ 2708. Return of sale; deed. - (a) An executor or administrator shall return the proceedings to...

§ 2709. Title of purchaser. - The grantee in any deed made in pursuance of this...

§ 2710. Application of proceeds of sale; order of payment of debts. - The purchase money of a sale, made by authority of...

§ 2711. Disposition of surplus after paying debts. - If there is any surplus of the sale, after paying...

§ 2712. Order for disposition of surplus. - The Court of Chancery, upon the petition of an executor...

§ 2713. Bond to be given by executor or administrator before executing order of sale. - Every executor or administrator before proceeding to execute an order...

§ 2714. Purchase money payable to a successor administrator. - If a sale, made by an executor or former administrator,...

§ 2715. Refund of purchase money when sale not returned or not approved. - If the purchase money arising from any sale under this...

§ 2716. Charges of sale; taxing and payment. - All the charges of any sale under this chapter, whether...

§ 2717. Power to refuse order for sale or to approve a sale. - The Court of Chancery may refuse an order for sale...

§ 2718. Appeal to Supreme Court. - Any person aggrieved by an order or decree of the...

§ 2719. Power of sale in will; execution; liability of purchaser for application of purchase money. - (a) If, by any will, authority is given to several...

Chapter 29. Apportionment of Estate Taxes [Effective Jan. 1, 2014, but see § 2914 of this title for future applicability]

§ 2901. Proration of state and federal estate taxes; method [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability]. - (a) Whenever it appears upon any accounting or in any...

§ 2902. Duty of executor, administrator or other fiduciary to pay tax before distribution [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability]. - The tax shall be paid by the executor, administrator or...

§ 2903. Recovery of proportionate tax from persons receiving taxable property which did not come into possession of executor or administrator; jurisdiction of Court of Chancery [Effective until Jan. 1, 2014, but see § 2914 of this title for future ap... - (a) Where any property required to be included in the...

§ 2904. Executor's or administrator's obligation to distribute property before person entitled has paid pro rata tax or furnished security [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability]. - No executor, administrator or other person acting in a fiduciary...

§ 2905. Jurisdiction of and proceedings in the Court of Chancery; petition, order, parties, hearings; appointment of guardians [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability]. - (a) The Court of Chancery has jurisdiction and all power...

§ 2906. Limitation on application of chapter [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability]. - The foregoing provisions of this chapter shall not apply where...

§ 2901. Short title [Effective Jan. 1, 2014, but see § 2914 of this title for future applicability]. - This chapter may be cited as the “Estate Tax Apportionment...

§ 2902. Definitions [Effective Jan. 1, 2014, but see § 2914 of this title for future applicability]. - In this chapter: (1) “Apportionable estate” means the value of...

§ 2903. Apportionment by will or other dispositive instrument [Effective Jan. 1, 2017, but see § 2914 of this title for future applicability]. - (a) Except as otherwise provided in subsection (c) of this...

§ 2904. Statutory apportionment of estate taxes [Effective Jan. 1, 2017, but see § 2914 of this title for future applicability]. - To the extent that apportionment of an estate tax is...

§ 2905. Credits and deferrals [Effective Jan. 1, 2017, but see § 2914 of this title for future applicability]. - Except as otherwise provided in §§ 2906 and 2907 of...

§ 2906. Insulated property: advancement of tax [Effective Jan. 1, 2017, but see § 2914 of this title for future applicability]. - (a) In this section: (1) “Advanced fraction” means a fraction...

§ 2907. Apportionment and recapture of special elective benefits [Effective Jan. 1, 2017, but see § 2914 of this title for future applicability]. - (a) In this section: (1) “Special elective benefit” means a...

§ 2908. Securing payment of estate tax from property in possession of fiduciary [Effective Jan. 1, 2014, but see § 2914 of this title for future applicability]. - (a) A fiduciary may defer a distribution of property until...

§ 2909. Collection of estate tax by fiduciary [Effective Jan. 1, 2014, but see § 2914 of this title for future applicability]. - (a) A fiduciary responsible for payment of an estate tax...

§ 2910. Right of reimbursement [Effective Jan. 1, 2014, but see § 2914 of this title for future applicability]. - (a) A person required under § 2909 of this title...

§ 2911. Jurisdiction of Court of Chancery; action to determine or enforce chapter [Effective Jan. 1, 2014, but see § 2914 of this title for future applicability]. - (a) The Court of Chancery has jurisdiction and all power...

§ 2912. Uniformity of application and construction [Effective Jan. 1, 2014, but see § 2914 of this title for future applicability]. - In applying and construing this chapter, consideration must be given...

§ 2913. Severability [Effective Jan. 1, 2014, but see § 2914 of this title for future applicability]. - If any provision of this chapter or the application thereof...

§ 2914. Delayed application [Effective Jan. 1, 2014, but see this section for future applicability]. - (a) Sections 2903 through 2907 of this title do not...

§ 2915. Effective date [Effective Jan. 1, 2014, but see § 2914 of this title for future applicability]. - This chapter takes effect for decedents dying on or after...

Chapter 31. SUITS AGAINST EXECUTORS AND ADMINISTRATORS

Subchapter I. Suit for Legacy or Distributive Share

§ 3101. Action at law. - (a) An action at law may be maintained against an...

§ 3102. Action by infant legatee. - An infant legatee may sue for the legacy by guardian...

§ 3103. Appointment of auditors; duties. - If the defense to an action for a legacy is...

§ 3104. Exceptions to auditors' report. - Exceptions may be taken by either of the parties to...

§ 3105. Judgment and execution. - If, upon proceedings under this subchapter, the assets are found...

§ 3106. Costs; liability of personal representative therefor. - The court shall exercise equitable powers in respect to costs....

§ 3107. Security to refund legacy. - The court shall exercise equitable powers in requiring the plaintiff...

Subchapter II. General

§ 3121. Consequences of instituting suit without presenting claim. - If in an action against an executor or administrator for...

§ 3122. Process; default judgment and proceedings thereon. - In an action against an executor or administrator the first...

§ 3123. Effect of judgment against executor or administrator. - (a) The effect of judgments against executors or administrators, on...

§ 3124. Costs; allowance in account. - Costs shall be awarded to and against executors and administrators...

§ 3125. Suit for specific performance of decedent's contract for sale of real estate; proof and recording of contract; effect of deed. - (a) Before suit shall be brought against an executor or...

Chapter 33. ADMINISTRATIVE PROVISIONS

§ 3301. Application of chapter; definitions [For application of this section, see 79 Del. Laws, c. 172, § 6]. - (a) This chapter shall govern fiduciaries, as well as agents...

§ 3302. Degree of care; authorized investments [For application of this section, see 79 Del. Laws, c. 172, § 6]. - (a) When investing, reinvesting, purchasing, acquiring, exchanging, retaining, selling and...

§ 3303. Effect of provisions of instrument [For application of this section, see 79 Del. Laws, c. 172, § 6]. - (a) Notwithstanding any other provision of this Code or other...

§ 3304. Retention by fiduciary of decedent's or settlor's investments. - Unless expressly provided otherwise in any instrument specified in §...

§ 3305. Retention by bank or trust company acting as a fiduciary of its own stock. - Unless expressly provided otherwise in any instrument specified in §...

§ 3306. Deviation from terms of instrument. - Subject to the provisions of § 3303 of this title,...

§ 3307. Common fund investments by bank or trust company; regulations. - (a) A bank or trust company authorized to act in...

§ 3308. Power of bank or trust company acting as a fiduciary to purchase property held by its commercial or banking department. - (a) A bank or trust company shall not purchase, with...

§ 3309. Identification of securities. - (a) Except as otherwise provided by the terms of the...

§ 3310. Storage of securities. - (a) Except as otherwise provided by the terms of the...

§ 3311. Deposit of securities in clearing corporation. - (a) Except as otherwise provided by the terms of the...

§ 3312. Investments in affiliated investments; transactions with affiliates [For application of this section, see 80 Del. Laws, c. 153, § 5]. - (a) As used in this section: (1) “Affiliate” means any...

§ 3313. Advisers [For application of this section, see 80 Del. Laws, c. 153, § 5]. - (a) Where 1 or more persons are given authority by...

§ 3313A. Excluded cotrustee. - (a) If the terms of a governing instrument confer upon...

§ 3314. Limitation on certain fiduciary powers. - (a) This section shall apply to: (1) Any trust created...

§ 3315. Trustee's exercise of discretion; review by court; discretionary interests. - (a) Where discretion is conferred upon the fiduciary with respect...

§ 3316. Substituted property; equivalent value; fiduciary duty. - Except as otherwise expressly provided by the terms of a...

§ 3317. Cofiduciaries and co-nonfiduciaries; duty to keep informed. - Except as otherwise provided in a governing instrument, each trust...

§ 3321. Applicability of chapter; definitions. - Repealed 76 Del. Laws, c. 254, § 8.

§ 3322. Fiduciary agency contracts; delegation. - (a) A fiduciary may appoint agents to assist in the...

§ 3323. Cofiduciaries and co-nonfiduciaries. - (a) Unless provided otherwise by the governing instrument, any power...

§ 3324. General powers of trustee. - (a) A trustee, without authorization by the court, may exercise:...

§ 3325. Specific powers of trustee [For application of this section, see 79 Del. Laws, c. 172, § 6; 80 Del. Laws, c. 153, § 5]. - Without limiting the authority conferred by § 3324 of this...

§ 3326. Resignation of an officeholder. - (a) For purposes of this section and § 3327 of...

§ 3327. Removal of an officeholder. - If a governing instrument expressly permits an officeholder (as defined...

§ 3328. Limitation on personal liability of fiduciary. - (a) Except as otherwise provided in the contract, a fiduciary...

§ 3329. Effect of no-contest provision. - (a) A provision of a will or trust that if...

§ 3330. Construction or interpretation affecting validity under rule against perpetuities, applicability of later-enacted laws, and class determination; effect of survivorship requirement. - (a) In the construction or interpretation of any governing instrument,...

§ 3331. Preference for early vesting [For application of the section, see 83 Del. Laws, c. 271, § 1]. - In the construction or interpretation of any will or trust,...

§ 3332. Governing law; change of situs [For application of this section, see 80 Del. Laws, c. 153, § 5]. - (a) The duration of a trust and time of vesting...

§ 3333. Retention of counsel by fiduciary [For application of this section, see 79 Del. Laws, c. 172, § 6; 80 Del. Laws, c. 153, § 5]. - (a) In the case of a fiduciary that retains counsel...

§ 3334. Contributions to revocable trusts [For application of this section, see 79 Del. Laws, c. 172, § 6]. - Where spouses make a contribution of property to 1 or...

§ 3335. Effect of formula clauses in certain wills and trusts. - (a) A governing instrument, such as a will or trust...

§ 3336. Appointment of successor trustee [For application of this section, see 79 Del. Laws, c. 172, § 6]. - If a trust has no serving trustee for any reason,...

§ 3337. Claims against revocable trusts [For application of this section, see 79 Del. Laws, c. 172, § 6]. - Following the death of the trustor of a trust that...

§ 3338. Nonjudicial settlement agreements [For application of this section, see 79 Del. Laws, c. 172, § 6; 80 Del. Laws, c. 153, § 5]. - (a) For purposes of this section, “interested persons” means persons...

§ 3339. Designated representatives of trusts. - (a) For purposes of this title, the term “designated representative”...

§ 3340. Place of administration [For application of this section, see 80 Del. Laws, c. 153, § 5]. - For purposes of this title, a trust shall be deemed...

§ 3341. Consequences of trust merger and similar transactions [For application of this section, see 80 Del. Laws, c. 153, § 5]. - Whenever any trust (a “transferor trust”) is merged with and...

§ 3342. Modification of trust by consent while trustor is living. - (a) Unless the trust's governing instrument expressly provides that the...

§ 3343. Authority to allocate trustee duties among multiple trustees. - (a) The power to appoint a successor trustee under a...

§ 3344. Income tax reimbursement or payment. - (a) Unless the terms of the governing instrument expressly provide...

Chapter 34. Administrative Provisions [Transferred].

§ 3401-3411. Applicability of chapter; definitions; fiduciary agency contracts; cofiduciaries; general powers of trustee; specific powers of trustee; resignation of trustee; removal of trustee; limitation on personal liability of fiduciary; effect o... - Transferred to §§ 3321 through 3331 of this title by...

Chapter 35. TRUSTS

Subchapter I. Appointment of Trustee by Court; Title of Appointee to Trust Property

§ 3501. Appointment authorized; effect of execution of power by appointee. - When any person or persons or any of such persons...

§ 3502. Procedure for appointment of trustee. - The Court of Chancery may make any appointment or direction...

§ 3503. Appointment of trustee to convey realty; effect of conveyance by appointee. - When any person seised of lands, tenements or hereditaments upon...

§ 3504. Appointment of trustee to assign term of years; effect of assignment by appointee. - When any person possessed of lands, tenements or hereditaments for...

§ 3505. Appointment of trustee to transfer stock or collect and pay over dividends; effect of appointee's acts. - When any person in whose name as trustee or executor...

§ 3506. Appointment of trustee to convey, assign or transfer trust property from discharged or removed trustee to successor. - When any person who, having been discharged or removed from...

§ 3507. Order of appointment. - The Court of Chancery shall make any appointment or direction...

§ 3508. Appointment of fiduciary to receive benefits payable by the United States. - (a) Whenever any military or administrative body or agency of...

§ 3509. Vesting of title to trust property in successor trustee. - Whenever the sole or surviving trustee dies or is removed...

§ 3510. Vesting of title to trust realty in successor trustee appointed pursuant to trust instrument; deed of appointment. - Whenever any trust of real estate has been or shall...

Subchapter II. Accounting and Distribution of Trust Funds

§ 3521. Trustees' accounts in general. - Except as otherwise provided in §§ 3522-3524 of this title,...

§ 3522. Trustees' accounts for inter vivos trusts. - Trustees of an inter vivos trust (whether or not property...

§ 3523. Trustees' accounts in wills probated prior to April 5, 1909. - Trustees named in wills probated prior to April 5, 1909,...

§ 3524. Trustees' accounts for other testamentary trusts [For application of this section, see 80 Del. Laws, c. 153, § 5]. - (a) Trustees of a testamentary trust shall be required to...

§ 3525. Filing of trustees' accounts; contents; approval. - (a) Trustees required to file accounts as provided in the...

§ 3526. Release of obligation to file accounts. - (a) Without the approval of the Court of Chancery, a...

§ 3527, 3527A. Total return unitrusts; express total return unitrusts. - Transferred by 77 Del. Laws, c. 330, § 10, effective...

§ 3528. Trustee's authority to invade principal or income in trust [For application of this section, see 80 Del. Laws, c. 153, § 5]. - (a) Unless the terms of the instrument expressly provide otherwise,...

Subchapter III. General Provisions

§ 3531. Renunciation by trustee named in trust instrument; filing and recording. - Whenever, by any will, deed or other instrument, a trustee...

§ 3532. Transfer of stocks, bonds or other corporate securities by trustee; certificate of Register in Chancery. - Upon the transfer by trustees of the stocks, bonds or...

§ 3533. Sale of trust property free from trust; procedure. - Upon petition of any trustee having the legal title to...

§ 3534. Notice procedure. - Except as may be expressly provided in the trust instrument...

§ 3535. Powers of appointment, rule against perpetuities and restraints on alienation. - The validity of an estate or interest in property created...

§ 3536. Rights of creditors and assignees of beneficiary of trust [For application of this section, see 79 Del. Laws, c. 172, § 6]. - (a) Except as expressly provided in subsections (c) and (d)...

§ 3536A. Release of beneficial interests by beneficiaries. - (a) Subject to the limitations and conditions of subsections (b)...

§ 3537. Conveyance of realty by infant trustee. - Any person under the age of 18 years, having real...

§ 3538. Testamentary trusts; certification of by Register of Wills to Register in Chancery; record. - (a) When a will that has been probated before the...

§ 3539. Charitable trust; sale of timber on lands; application of proceeds. - The Court of Chancery may, when in its judgment the...

§ 3540. Powers and duties of certain trustees. - All trustees of any trust governed by the laws of...

§ 3541. Administration of charitable trusts or noncharitable purpose trusts; cy pres rule. - (a) Notwithstanding any other provision of this Code or other...

§ 3542. Termination of small trusts [For application of this section, see 80 Del. Laws, c. 153, § 5]. - (a) Unless otherwise provided by the terms of the trust...

§ 3543. Distribution of estate or trust assets without creation of trust. - If the terms of a will or a writing creating...

§ 3544. Successor trustee. - Unless provided otherwise by the terms of the governing instrument...

§ 3545. Limitations on oral trusts; execution requirements for written trusts [For application of this section, see 81 Del. Laws, c. 320, § 8]. - (a) Except as otherwise required by this Code, the creation,...

§ 3546. Limitation on action contesting validity of trusts [For application of this section, see 80 Del. Laws, c. 153, § 5]. - (a) A judicial proceeding to contest whether a revocable trust...

§ 3547. Representation by person with a substantially identical interest [For application of this section, see 79 Del. Laws, c. 172, § 6]. - (a) Unless otherwise represented, a minor, person who is incapacitated,...

§ 3548. Limited purpose trust companies; general powers of appointment. - (a) Any power conferred upon a limited purpose trust company...

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Delaware Code Title 12 - Decedents' Estates and Fiduciary Relations

Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations