Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations

§ 3549. Marital deduction gift; compliance with Internal Revenue Code; fiduciary powers. - (a) If a governing instrument contains a marital deduction gift,...

§ 3580. Definition [For application of this section, see 79 Del. Laws, c. 172, § 6]. - In this subchapter, the term “trustee” includes fiduciaries and other...

§ 3581. Breach of trust; equitable remedies. - (a) A violation by a trustee of a duty the...

§ 3582. Damages against trustee for breach of trust [For application of this section, see 80 Del. Laws, c. 153, § 5]. - A beneficiary may charge a trustee who commits a breach...

§ 3583. Liability of trustee in absence of breach. - (a) Except to the extent a trustee realizes a profit...

§ 3584. Attorneys' fees and costs. - In a judicial proceeding involving a trust, the court, as...

§ 3585. Limitation of action against trustee following trustee's report [For application of this section, see 81 Del. Laws, c. 320, § 8]. - (a) A person may initiate a judicial proceeding against a...

§ 3586. Reliance on governing instrument. - A trustee who acted in good faith reliance on the...

§ 3587. Events affecting administration or distribution. - Whenever the happening of an event, including marriage, divorce, performance...

§ 3588. Consent, release, ratification, or indemnification in favor of a trustee [For application of this section, see 81 Del. Laws, c. 320, § 8]. - (a) A person may not hold a trustee liable for...

§ 3589. Limitation on personal liability of trustee. - Repealed by 73 Del. Laws, c. 409, § 3, effective...

§ 3590. Protection of person dealing with trustee. - (a) A person other than a beneficiary who in good...

§ 3591. Certification of trust. - (a) Instead of providing a person other than a beneficiary...

§ 3592. Failure of trust to dispose of all assets. - In the event that the terms of an inter vivos...

§ 3593. Interest on pecuniary gifts in trust [For application of this section, see 79 Del. Laws, c. 172, § 6]. - Except where circumstances justify a longer period, pecuniary gifts from...

§ 3594. Legacy to creditor of trustor. - A gift to a beneficiary of an inter vivos trust...

§ 3595. Abatement of gifts in trust. - (a) Except as provided in subsection (b) of this section,...

Chapter 38. TREATMENT OF DELAWARE STATUTORY TRUSTS

Subchapter I. Domestic Statutory Trusts

§ 3801. Definitions. - (a) “Beneficial owner” means any owner of a beneficial interest...

§ 3802. Contributions by beneficial owners. - (a) A contribution of a beneficial owner to the statutory...

§ 3803. Liability of beneficial owners and trustees. - (a) Except to the extent otherwise provided in the governing...

§ 3804. Legal proceedings. - (a) A statutory trust may sue and be sued, and...

§ 3805. Rights of beneficial owners and trustees in trust property. - (a) Except to the extent otherwise provided in the governing...

§ 3806. Management of statutory trust. - (a) Except to the extent otherwise provided in the governing...

§ 3807. Trustee in State; registered agent [Effective until Aug. 1, 2023]. - (a) Every statutory trust shall at all times have at...

§ 3807. Trustee in State; registered agent [Effective Aug. 1, 2023]. - (a) Every statutory trust shall at all times have at...

§ 3808. Existence of statutory trust. - (a) Except to the extent otherwise provided in the governing...

§ 3809. Applicability of trust law. - Except to the extent otherwise provided in the governing instrument...

§ 3810. Certificate of trust; amendment; restatement; cancellation. - (a) (1) Every statutory trust shall file a certificate of...

§ 3811. Execution. - (a) Each certificate required by this subchapter to be filed...

§ 3812. Filing of certificate. - (a) Any certificate authorized to be filed with the office...

§ 3813. Fees [Effective until Aug. 1, 2023]. - (a) No documents required to be filed under this subchapter...

§ 3813. Fees [Effective Aug. 1, 2023]. - (a) No documents required to be filed under this subchapter...

§ 3814. Use of names regulated. - (a) The name of each statutory trust as set forth...

§ 3815. Merger and consolidation. - (a) Pursuant to an agreement of merger or consolidation, a...

§ 3816. Derivative actions. - (a) A beneficial owner may bring an action in the...

§ 3817. Indemnification. - (a) Subject to such standards and restrictions, if any, as...

§ 3818. Treasury interests. - Except to the extent otherwise provided in the governing instrument...

§ 3819. Access to and confidentiality of information; records. - (a) Except to the extent otherwise provided in the governing...

§ 3820. Conversion of other business entities to a statutory trust. - (a) Any other business entity formed or organized or existing...

§ 3821. Conversion of a statutory trust. - (a) Upon compliance with this section, a statutory trust may...

§ 3822. Domestication of non-United States entities. - (a) As used in this section, “non-United States entity” means...

§ 3823. Transfer or continuance of domestic statutory trusts. - (a) Upon compliance with the provisions of this section, any...

§ 3824. Judicial cancellation of certificate of trust; proceedings. - (a) Upon motion by the Attorney General, the Court of...

§ 3825. Division of a statutory trust. - (a) As used in this section and § 3810 of...

§ 3826. Document form, signature and delivery. - (a) Except as provided in subsection (b) of this section,...

§ 3828. Construction and application of chapter and governing instrument. - (a) The rule that statutes in derogation of the common...

§ 3829. Short title. - This subchapter may be cited as the “Delaware Statutory Trust...

Subchapter II. Foreign Statutory Trusts

§ 3851. Law governing. - Subject to the Constitution of the State: (1) The laws...

§ 3852. Registration required; application. - (a) Before doing business in the State of Delaware, a...

§ 3853. Issuance of registration. - (a) If the Secretary of State finds that an application...

§ 3854. Name; registered office; registered agent. - (a) A foreign statutory trust may register with the Secretary...

§ 3855. Amendments to application. - If any statement in the application for registration of a...

§ 3856. Cancellation of registration. - A foreign statutory trust may cancel its registration by filing...

§ 3857. Doing business without registration. - (a) A foreign statutory trust doing business in the State...

§ 3858. Foreign statutory trusts doing business without having qualified; injunctions. - The Court of Chancery shall have jurisdiction to enjoin any...

§ 3859. Execution — Liability. - Section 3811(c) of this title shall be applicable to foreign...

§ 3860. Service of process on registered foreign statutory trusts. - (a) Service of legal process upon any foreign statutory trust...

§ 3861. Service of process on unregistered foreign statutory trusts. - (a) Any foreign statutory trust which shall do business in...

§ 3862. Fees. - No document required to be filed under this subchapter shall...

§ 3863. Activities not constituting doing business. - (a) Activities of a foreign statutory trust in the State...

Subchapter III. Control Beneficial Interest Acquisitions

§ 3881. Control beneficial interest acquisition definitions. - (a) “1940 Act” means the Investment Company Act of 1940,...

§ 3882. Related acquisitions; beneficial interests held for the benefit of others. - For the purposes of this subchapter: (1) Beneficial interests acquired...

§ 3883. Voting rights; approvals and exemptions; application. - (a) Holders of control beneficial interests of the statutory trust...

§ 3884. Acquiring person statement. - Any person who proposes to make or who has made...

§ 3885. Acquiring person meeting request. - (a) Except as provided in § 3886 of this title,...

§ 3886. Special meeting requirements; limitations. - (a) A call of a special meeting of beneficial owners...

§ 3887. Special meeting notice. - (a) If a special meeting of beneficial owners is requested,...

§ 3888. Disclosure of control beneficial interest acquisitions and related information. - (a) A holder of beneficial interests shall disclose to the...

Chapter 39. GUARDIANSHIP

Subchapter I. Appointment, Bond and Tenure of Guardian

§ 3901. Appointment of guardians for persons with disabilities. - (a) The Court of Chancery shall have the power to...

§ 3902. Appointment of guardian; choice by minor over 14 years of age; guardian ad litem. - (a) Except in accordance with § 925(15) of Title 10...

§ 3903. Separate guardian of the person and property. - The Court of Chancery may appoint 2 or more persons...

§ 3904. Foreign guardians of nonresidents. - (a) A guardian, conservator, committee or other similar fiduciary, appointed...

§ 3905. Guardian's bond; requirement; form and entry. - (a) Every person appointed guardian shall, unless bond and/or surety...

§ 3906. Guardian's bond; additional security; removal for noncompliance. - If it appears in any case that the guardian's bond...

§ 3907. Counter security upon petition of surety. - The Court of Chancery shall, on the petition of the...

§ 3908. Removal, resignation or death of guardian. - (a) The Court of Chancery may remove a guardian for...

§ 3909. Term of guardianship. - (a) If the only allegation of disability in the petition...

§ 3910. Receiver for property of minor; appointment, powers, accounting and bond. - (a) If a minor has real or personal property and...

Subchapter II. Powers and Duties of Guardian

§ 3921. Powers and duties of guardian; general. - (a) A guardian shall have either the care of the...

§ 3922. General powers and duties of the guardian of the person. - (a) The Court shall grant to the guardian of the...

§ 3923. Powers of the guardian of the property. - (a) The Court may limit the power of the guardian...

§ 3924. Estoppel to dispute the right to property of a person with a disability. - Neither a guardian nor the representatives of the guardian shall...

§ 3925. Transfer by guardian of corporate securities. - Upon the transfer by a guardian of a person with...

§ 3926. Exercise of rights belonging to a person with a disability. - No person dealing with the receiver of a minor or...

§ 3927. Compensation of guardian of the property. - (a) As used in this section, the term “qualified guardian”...

Subchapter III. Accounting and Settlement

§ 3941. Guardian's duty to account. - (a) A guardian of the property shall fully account, in...

§ 3942. Filing, adjusting and settling guardian's accounts. - All guardians' accounts shall be filed with and be adjusted...

§ 3943. Time of filing guardian's accounts. - Every guardian of the property shall render an account of...

§ 3944. Failure to file account; extension of time for filing. - (a) The Court may excuse the filing of an account...

§ 3945. Appeals from orders adjusting and settling guardian's accounts. - Appeals from orders of the Court of Chancery adjusting or...

§ 3946. Settlement with ward at termination of guardianship. - The Court of Chancery may order that any property in...

§ 3947. Absence of person with a disability from State; settlement of account. - (a) If in any case a guardian of the property...

Subchapter IV. Sale of Real Estate of Person with a Disability

§ 3951. Sale of real estate owned by a person with a disability. - (a) If the guardian of the property of a person...

§ 3952. Trustee's bond. - If a trustee is appointed to sell real estate of...

§ 3953. Sale on credit; security for purchase price. - In any order granted by the Court of Chancery for...

§ 3954. Proceeds of sale; payment. - The proceeds of the sale shall be personal property. Such...

§ 3955. Guardian's bond. - (a) When the proceeds shall be ordered to be paid...

Subchapter V. Investment by Court of Chancery of Fund of Minors

§ 3971. Investment power of Court of Chancery; general requirements. - (a) The Court of Chancery shall have control of money...

Subchapter VI. Public Guardian

§ 3981. Office established; appointment. - (a) There is established an Office of the Public Guardian,...

§ 3982. Definitions. - For the purposes of this chapter: (1) “Court” means the...

§ 3983. Duties of the Public Guardian. - The Public Guardian: (1) Shall establish case acceptance priorities and...

§ 3984. Staff; budgeting; finance. - The Public Guardian may appoint subordinates and delegate the appointed...

§ 3985. Court costs and allocation of costs. - In any proceeding for appointment of the Office of the...

§ 3986. Collection of guardianship fees - (a) The Public Guardian may collect fees for the provision...

§ 3987. Indemnification from liability. - No attorney, director, investigator, social worker, or other person employed...

§ 3988. Bond. - The Public Guardian shall post bond as required by the...

Subchapter VII. Delaware Guardianship Commission

§ 3991. The Guardianship Commission. - (a) The Delaware Guardianship Commission is hereby established and shall...

§ 3992. Duties of the Commission. - The Commission shall advocate for the welfare of individuals who...

§ 3993. Compensation. - Members of the Commission shall serve without compensation; however, they...

Chapter 39A. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

§ 39A-101. Definitions. - For purposes of this chapter: (1) “Adult” means an individual...

§ 39A-102. International application of Act. - The Court may treat a foreign country as if it...

§ 39A-103. Communication between courts. - (a) The Court may communicate with a court in another...

§ 39A-104. Cooperation between courts. - (a) In a guardianship or protective proceeding in this State,...

§ 39A-105. Taking testimony in another state. - (a) In a guardianship or protective proceeding, in addition to...

§ 39A-201. Jurisdiction. - The Court has jurisdiction to appoint a guardian or issue...

§ 39A-202. Special jurisdiction. - (a) The Court lacking jurisdiction under § 39A-201 of this...

§ 39A-203. Exclusive and continuing jurisdiction. - Except as otherwise provided in § 39A-202 of this title,...

§ 39A-204. Appropriate forum. - (a) The Court having jurisdiction under § 39A-201 of this...

§ 39A-205. Jurisdiction declined by reason of conduct. - (a) If at any time the Court determines that it...

§ 39A-206. Notice of proceeding. - If a petition for the appointment of a guardian or...

§ 39A-207. Proceedings in more than 1 state. - Except for a petition for the appointment of a guardian...

§ 39A-301. Transfer of guardianship or conservatorship to another state. - (a) A guardian or conservator appointed in this State may...

§ 39A-401. Foreign guardians. - The authority of a guardian or conservator appointed in another...

§ 39A-402. Effective date. - This chapter applies to guardianship and protective proceedings begun on...

Chapter 40. DELAWARE CAREPLAN TRUST ACT

§ 4001. Definitions. - In this chapter: (1) “Comprehensive care plan” means those services...

§ 4002. Purpose, scope and organization. - (a) The Delaware CarePlan Trust is intended to encourage supplementation...

§ 4003. Administration; powers and duties. - (a) The Delaware CarePlan Trust shall be administered by a...

§ 4004. Eligibility for participation and services. - (a) A person with a disability may be eligible to...

§ 4005. Special requests on behalf of participant. - (a) The Delaware CarePlan Trust may agree to fulfill any...

§ 4006. Accountability. - (a) The Delaware CarePlan Trust shall prepare a report annually...

§ 4007. Withdrawal of a participant; surplus trust funds. - (a) The Board is directed to develop standards and procedures...

§ 4008. Charitable contributions. - The Delaware CarePlan Trust may accept contributions not designated for...

§ 4009. Effect on participation in government programs. - Notwithstanding any other provision of law, a participant's interest in...

§ 4010. Exemption from creditors. - No participant shall have the power to assign, convey, alienate,...

§ 4011. Trust not subject to law against perpetuities, restraints on alienation. - The Delaware CarePlan Trust shall not be subject to or...

§ 4012. Short title. - This chapter may be cited as the “Delaware CarePlan Trust...

Chapter 41. CONSERVATOR OF PROPERTY FOR PERSONS REPORTED MISSING OR CAPTURED WHILE SERVING IN ARMED FORCES OR AS A MERCHANT SAILOR

§ 4101. Appointment of conservator. - Whenever a person, hereinafter referred to as an absentee, serving...

§ 4102. Bond and powers of conservator. - The Register of Wills may appoint any suitable person as...

§ 4103. Termination of conservatorship. - At any time upon petition signed by the absentee or...

Chapter 43. UNIFORM ACT FOR SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS

§ 4301. Definitions. - In this chapter, unless the context otherwise requires: (1) “Assignment”...

§ 4302. Registration in the name of a fiduciary. - A corporation or transfer agent registering a security in the...

§ 4303. Assignment by a fiduciary. - Except as otherwise provided in this chapter, a corporation or...

§ 4304. Evidence of appointment or incumbency. - A corporation or transfer agent making a transfer pursuant to...

§ 4305. Adverse claims. - (a) A person asserting a claim of beneficial interest adverse...

§ 4306. Nonliability of corporation and transfer agent. - A corporation or transfer agent incurs no liability to any...

§ 4307. Nonliability of third persons. - (a) No person who participates in the acquisition, disposition, assignment...

§ 4308. Territorial application. - (a) The rights and duties of a corporation and its...

§ 4309. Tax obligations. - This chapter does not affect any obligation of a corporation...

§ 4310. Uniformity of interpretation. - This chapter shall be so construed as to effectuate its...

§ 4311. Short title. - This chapter may be cited as the “Uniform Act for...

Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT

§ 4501. Definitions. - In this chapter: (1) “Adult” means an individual who has...

§ 4502. Scope and jurisdiction. - (a) This chapter applies to a transfer that refers to...

§ 4503. Nomination of custodian. - (a) A person having the right to designate the recipient...

§ 4504. Transfer by gift or exercise of power of appointment. - A person may make a transfer by irrevocable gift to,...

§ 4505. Transfer authorized by will or trust. - (a) A personal representative or trustee may make an irrevocable...

§ 4506. Other transfer by fiduciary. - (a) Subject to subsection (c) of this section, a personal...

§ 4507. Transfer by obligor. - (a) Subject to subsections (b) and (c) of this section,...

§ 4508. Receipt for custodial property. - A written acknowledgment of delivery by a custodian constitutes a...

§ 4509. Manner of creating custodial property and effecting transfer; designation of initial custodian; control. - (a) Custodial property is created and a transfer is made...

§ 4510. Single custodianship. - A transfer may be made only for 1 minor and...

§ 4511. Validity and effect of transfer. - (a) The validity of a transfer made in a manner...

§ 4512. Care of custodial property. - (a) A custodian shall: (1) Take control of custodial property;...

§ 4513. Powers of custodian. - (a) A custodian acting in a custodial capacity has all...

§ 4514. Use of custodial property. - (a) A custodian may deliver or pay to the minor...

§ 4515. Custodian's expenses, compensation and bond. - (a) A custodian is entitled to reimbursement from custodial property...

§ 4516. Exemption of third person from liability. - A third person, in good faith and without court order...

§ 4517. Liability to third persons. - (a) A claim based on: (1) A contract entered into...

§ 4518. Renunciation, resignation, death or removal of custodian; designation of successor custodian. - (a) A person nominated under § 4503 of this title...

§ 4519. Accounting by and determination of liability of custodian. - (a) A minor who has attained the age of 14...

§ 4520. Termination of custodianship. - The custodian shall transfer in an appropriate manner the custodial...

§ 4521. Applicability. - This chapter applies to a transfer within the scope of...

§ 4522. Effect on existing custodianships. - (a) Any transfer of custodial property, as now defined in...

§ 4523. Short title. - This chapter may be cited as the “Delaware Uniform Transfers...

Chapter 47. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT

§ 4701. Short title. - This chapter may be cited as the “Uniform Prudent Management...

§ 4702. Definitions. - In this chapter: (1) “Charitable purpose” means the relief of...

§ 4703. Standard of conduct in managing and investing institutional fund. - (a) Subject to the intent of a donor expressed in...

§ 4704. Appropriation for expenditure or accumulation of endowment fund; rules of construction. - (a) Subject to the intent of a donor expressed in...

§ 4705. Delegation of management and investment functions. - (a) Subject to any specific limitation set forth in a...

§ 4706. Release or modification of restrictions on management, investment, or purpose. - (a) If the donor consents in a record, an institution...

§ 4707. Reviewing compliance. - Compliance with this chapter is determined in light of the...

§ 4708. Application to existing institutional funds. - This chapter applies to institutional funds existing on or established...

§ 4709. Relation to Electronic Signatures In Global and National Commerce Act. - This chapter modifies, limits, and supersedes the Electronic Signatures in...

§ 4710. Applicability and construction. - This chapter shall apply solely to trusts and estates included...

Chapter 49. DURABLE POWERS OF ATTORNEY

§ 4901. Defined. - A durable power of attorney is a power of attorney...

§ 4902. Power not affected by disability. - All acts done by an agent pursuant to a durable...

§ 4903. Relation of agent to court-appointed fiduciary. - (a) The appointment of a guardian or other fiduciary charged...

§ 4904. Death, disability or incapacity of principal. - (a) The death of a principal who has executed a...

§ 4905. Exercise of power after revocation. - As to acts undertaken in good faith reliance thereon, an...

§ 4906. Relation of this chapter to Chapter 49A of this title. - The provisions of this chapter shall not apply to any...

Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT

Subchapter I. General Provisions

§ 49A-101. Short title. - This chapter may be cited as the “Durable Personal Powers...

§ 49A-102. Definitions. - In this chapter: (1) “Agent” means a person granted authority...

§ 49A-103. Applicability. - (a) This chapter shall not apply to any of the...

§ 49A-104. Power of attorney is durable. - A power of attorney is durable if it contains the...

§ 49A-105. Execution of personal power of attorney. - (a) A personal power of attorney must be: (1) In...

§ 49A-106. Execution of personal power of attorney. - (a) A personal power of attorney executed on or after...

§ 49A-108. Nomination of guardian of person or property; relation of agent to court-appointed fiduciary. - (a) The appointment by a court of a guardian or...

§ 49A-109. When personal power of attorney effective. - (a) A personal power of attorney is effective when executed...

§ 49A-110. Termination of personal power of attorney or agent's authority. - (a) A personal power of attorney terminates when: (1) The...

§ 49A-111. Concurrent agents, joint agents, and successor agents. - (a) A principal may designate 2 or more persons to...

§ 49A-112. Reimbursement and compensation of agent. - (a) An agent is entitled to reimbursement of expenses reasonably...

§ 49A-113. Agent's acceptance. - Except as otherwise provided in the personal power of attorney,...

§ 49A-114. Agent's duties. - (a) Notwithstanding provisions in the personal power of attorney, an...

§ 49A-115. Exoneration of agent. - A provision in a personal power of attorney relieving an...

§ 49A-116. Judicial relief. - (a) A person designated in subsection (b) of this section...

§ 49A-118. Agent's resignation; notice. - Unless the personal power of attorney provides a different method...

§ 49A-119. Acceptance of and reliance upon acknowledged personal power of attorney. - (a) For purposes of this section and § 49A-120 of...

§ 49A-120. Liability for refusal to accept acknowledged personal power of attorney. - (a) Except as otherwise provided in subsection (b) of this...

Subchapter II. Authority

§ 49A-201. Grant of general authority; authority that requires specific grant. - (a) Subject to subsections (b), (c), and (d) of this...

§ 49A-202. Incorporation of authority. - (a) A reference in a personal power of attorney to...

§ 49A-203. Construction of authority generally. - Except as otherwise provided in the personal power of attorney,...

§ 49A-204. Real property. - Unless the personal power of attorney otherwise provides, language in...

§ 49A-205. Tangible personal property. - Unless the personal power of attorney otherwise provides, language in...

§ 49A-206. Stocks and bonds. - Unless the personal power of attorney otherwise provides, language in...

§ 49A-207. Commodities and options. - Unless the personal power of attorney otherwise provides, language in...

§ 49A-208. Banks and other financial institutions. - Unless the personal power of attorney otherwise provides, language in...

§ 49A-209. Operation of entity or business. - Subject to the terms of a document or an agreement...

§ 49A-210. Insurance and annuities. - Unless the personal power of attorney otherwise provides, language in...

§ 49A-211. Estates, trusts, and other beneficial interests. - (a) In this section, “estate, trust, or other beneficial interest”...

§ 49A-212. Claims and litigation. - Unless the personal power of attorney otherwise provides, language in...

§ 49A-213. Personal and family maintenance. - (a) Unless the personal power of attorney otherwise provides, and...

§ 49A-214. Benefits from governmental programs or civil or military service. - (a) In this section, “benefits from governmental programs or civil...

§ 49A-215. Retirement plans. - (a) In this section, “retirement plan” means a plan or...

§ 49A-216. Taxes. - Unless the personal power of attorney otherwise provides, language in...

§ 49A-217. Gifts. - (a) In this section, a gift “for the benefit of”...

Subchapter III. Statutory Forms

§ 49A-301. Statutory form durable personal power of attorney; agent's certification. - DURABLE PERSONAL POWER OF ATTORNEY FORM NOTICE NOTICE As the...

Chapter 50. FIDUCIARY ACCESS TO DIGITAL ASSETS AND DIGITAL ACCOUNTS

§ 5001. Short title. - This chapter may be cited as the “Fiduciary Access to...

§ 5002. Definitions. - As used in this chapter: (1) “Account holder” means a...

§ 5003. Applicability. - This chapter applies to a grant of authority to a...

§ 5004. Control of digital accounts and digital assets by a fiduciary. - (a) Except as otherwise provided by a governing instrument or...

§ 5005. Recovery of digital assets and digital accounts from a custodian. - (a) A fiduciary with authority over digital assets or digital...

§ 5006. Custodian immunity. - (a) Except as otherwise provided in subsection (b) of this...

§ 5007. Relation to Electronic Signatures in Global and National Commerce Act. - This chapter modifies, limits, or supersedes the federal Electronic Signatures...

Chapter 61. DELAWARE UNIFORM PRINCIPAL AND INCOME ACT

Subchapter I. Definitions and General Principles

§ 61-101. Short title. - Subchapters I through VI of this chapter may be cited...

§ 61-102. Definitions. - In this chapter: (1) “Accounting period” means a calendar year...

§ 61-103. Fiduciary duties; general principles. - (a) In allocating receipts and disbursements to or between principal...

§ 61-104. Trustee's power to adjust. - (a) A trustee may adjust between principal and income to...

§ 61-105. Judicial control of discretionary power. - (a) In any proceeding that involves a fiduciary's decision to...

§ 61-106. Total return unitrusts. - (a) In this section: (1) “Disinterested person” means a person...

§ 61-107. Express total return unitrusts. - (a) The following provisions shall apply to a trust that,...

Subchapter II. Decedent’s Estate or Terminating Income Interest

§ 61-201. Determination and distribution of net income. - After a decedent dies, in the case of an estate,...

§ 61-202. Distribution to residuary and remainder beneficiaries. - (a) Each beneficiary described in § 61-201(4) of this title...

Subchapter III. Apportionment at Beginning and End of Income Interest

§ 61-301. When right to income begins and ends. - (a) An income beneficiary is entitled to net income from...

§ 61-302. Apportionment of receipts and disbursements when decedent dies or income interest begins. - (a) A trustee shall allocate an income receipt or disbursement...

§ 61-303. Apportionment when income interest ends. - (a) In this section, “undistributed income” means net income received...

Subchapter IV. Allocation of Receipts During Administration of Trust

§ 61-401. Character of receipts. - (a) In this section, “entity” means a corporation, partnership, limited...

§ 61-402. Distribution from trust or estate. - A trustee shall allocate to income an amount received as...

§ 61-403. Business and other activities conducted by an estate. - (a) If a trustee who conducts a business or other...

§ 61-404. Principal receipts. - A trustee shall allocate to principal: (1) To the extent...

§ 61-405. Rental property. - To the extent that a trustee accounts for receipts from...

§ 61-406. Obligation to pay money. - (a) An amount received as interest, whether determined at a...

§ 61-407. Insurance policies and similar contracts. - (a) Except as otherwise provided in subsection (b) of this...

§ 61-408. Insubstantial allocations not required. - If a trustee determines that an allocation between principal and...

§ 61-409. Deferred compensation, annuities, and similar payments. - (a) In this section: (1) “Payment” means a payment that...

§ 61-410. Liquidating asset. - (a) In this section, “liquidating asset” means an asset whose...

§ 61-411. Minerals, water and other natural resources. - (a) To the extent that a trustee accounts for receipts...

§ 61-412. Timber. - (a) To the extent that a trustee accounts for receipts...

§ 61-413. Property not productive of income. - Upon request of the income beneficiary, if the trustee determines...

§ 61-414. Derivatives and options. - (a) In this section, “derivative” means a contract or financial...

§ 61-415. Asset-backed securities. - (a) In this section, “asset-backed security” means an asset whose...

Subchapter V. Allocation of Disbursements During Administration of Trust

§ 61-501. Disbursements from income. - A trustee shall make the following disbursements from income to...

§ 61-502. Disbursements from principal. - (a) A trustee shall make the following disbursements from principal:...

§ 61-503. Transfers from income to principal for depreciation. - (a) In this section, “depreciation” means a reduction in value...

§ 61-504. Transfers from income to reimburse principal. - (a) If a trustee makes or expects to make a...

§ 61-505. Income taxes. - (a) A tax required to be paid by a trustee...

§ 61-506. Adjustments between principal and income because of taxes. - (a) A fiduciary may make adjustments between principal and income...

Subchapter VI. Miscellaneous Provisions

§ 61-601. Uniformity of application and construction. - In applying and construing subchapters I through V of this...

§ 61-602. Applicability of § 61-409 of this title. - Section 61-409 of this title applies to a trust described...

§ 61-603. Accounts with register of wills not affected. - Nothing in this chapter shall be construed to effect or...

§ 61-604. Certain charitable remainder unitrusts. - (a) Notwithstanding any contrary provision of the chapter, if the...

§ 61-605. Trusts governed by this act. - This chapter shall apply to any trust that is administered...

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Delaware Code Title 12 - Decedents' Estates and Fiduciary Relations

Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations