reglab/housing_qa huggingface dataset:
12 DE Code § 1223. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter V. Escheat of Postal Savings System Accounts|§ 1223. Notice.

§ 1223. Notice. The Secretary of State shall notify depositors whose accounts are to be escheated, as follows:  (1) A letter advising that a postal savings system account in the name of the addressee is about to be escheated and setting forth the procedure by which a deposit may be claimed shall be mailed by first-class mail to the named depositor at the last address shown on the account records for each account to be escheated having an unpaid principal balance of more than $25; (2) General notice of intention to escheat postal savings system accounts shall be published once in each of 3 successive weeks in 1 or more newspapers which combine to provide general circulation throughout the State; (3) Special notice of intention to escheat the unclaimed postal savings system accounts originally deposited in each post office must be published once in each of 3 successive weeks in a newspaper published in the county in which the post office is located. Such notice must list the names of the owners of each unclaimed account to be escheated if the account has a principal balance of $3.00 or more.12 Del. C. 1953, §  1223;  58 Del. Laws, c. 329;  58 Del. Laws, c. 426, §  18;
12 DE Code § 1224. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 11. Escheats|Subchapter V. Escheat of Postal Savings System Accounts|§ 1224. Collection and deposit of funds; indemnification of United States.

§ 1224. Collection and deposit of funds; indemnification of United States. (a) The Secretary of State shall present a copy of each final judgment of escheat to the United States Treasury Department for payment of the principal due and the interest computed under regulations of the United States Treasury Department. The payment received shall be deposited in the General Fund in the State Treasury. (b) This State shall indemnify the United States for any losses suffered as a result of the escheat of unclaimed postal savings system accounts. The burden of the indemnification falls upon the fund into which the proceeds of the escheated accounts have been paid. 12 Del. C. 1953, §  1224;  58 Del. Laws, c. 329;  58 Del. Laws, c. 426, §  18;
12 DE Code § 1501. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter I. General Provisions|§ 1501. Necessity for letters testamentary or of administration.

§ 1501. Necessity for letters testamentary or of administration. No one shall act as the executor or administrator of a domiciliary decedent's estate within this State without letters testamentary or of administration being granted in accordance with this title. Code 1852, §  1775;  Code 1915, §  3340;  Code 1935, §  3805;  12 Del. C. 1953, §  1502;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1502. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter I. General Provisions|§ 1502. Grant of letters testamentary.

§ 1502. Grant of letters testamentary. (a) If a will of a domiciliary or nondomiciliary decedent is admitted to probate in accordance with this title, letters testamentary shall be granted by the Register of Wills of the county in which the decedent was domiciled, or in the case of a nondomiciliary in which the decedent owned real or personal property, to the executor or executors thereof, upon their giving bond in accordance with this title. (b) If several are named as executors, and any are deceased, or fail to give the necessary bond, or renounce or are incapacitated, letters testamentary shall be granted to the others so named. If all of them, or a sole executor, is deceased, or fails to give the necessary bond, or renounces or is incapacitated, administration with the will annexed, shall be granted in accordance with this title. Code 1852, §§  1773, 1774;  Code 1915, §  3339;  Code 1935, §  3804;  12 Del. C. 1953, §  1501;  59 Del. Laws, c. 384, §  1;  65 Del. Laws, c. 422, §  4;
12 DE Code § 1503. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter I. General Provisions|§ 1503. Grant of letters to one under an incapacity.

§ 1503. Grant of letters to one under an incapacity. If a person named executor shall be under an incapacity, either by reason of minority, physical disability or mental disability, letters testamentary shall be granted upon the removal of the incapacity and upon the giving of bond in accordance with this title. In the meantime, letters testamentary shall be granted to the coexecutor or coexecutors of the person under a disability, if there is 1 or more named who qualify in accordance with this title, but if there is none, or if the coexecutor or coexecutors all fail to qualify, letters of administration, with the will annexed, shall be granted in accordance with this title. 59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1504. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter I. General Provisions|§ 1504. Grant of letters of administration.

§ 1504. Grant of letters of administration. (a) Letters of administration, with the will annexed, of the estate of a domiciliary decedent for whom a will has been admitted to probate in accordance with this title, and letters of administration of the estate of a domiciliary decedent for whom no will shall have been admitted to probate in accordance with this title, shall be granted by the Register of Wills of the county in which the decedent was domiciled. (b) Letters of ancillary administration, with the will annexed, of a nondomiciliary decedent for whom a will has been admitted to probate in accordance with this title, and letters of ancillary administration of the estate of a nondomiciliary decedent for whom no will has been admitted to probate in accordance with this title, shall be granted by the Register of Wills for any county. The administration which shall first be lawfully granted in either case shall extend to all the estate of the decedent within Delaware, and shall exclude the jurisdiction of the Register for any other county. Code 1852, §§  1777, 1778;  Code 1915, §  3342;  Code 1935, §  3807;  12 Del. C. 1953, §  1504;  59 Del. Laws, c. 384, §  1;
12 DE Code § 1505. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter I. General Provisions|§ 1505. Persons entitled to letters of administration.

§ 1505. Persons entitled to letters of administration. (a) Letters of administration with the will annexed, letters of administration, letters of ancillary administration with the will annexed and letters of ancillary administration shall be granted by a Register of Wills to such person or persons as shall be entitled to such letters under this section upon their giving bond in accordance with this title. (b) (1) The persons entitled to letters of administration shall be those in the first of the following classes of persons which shall have a member of that class living and not under an incapacity: Spouse of the decedent; children of the decedent; parents of the decedent; siblings of the whole blood and half blood of the decedent. (2) If there shall be more than 1 person living in the first qualifying class mentioned in paragraph (b)(1) of this section, letters of administration shall be granted to all of those persons in the class who give the necessary bond, do not renounce or who are not incapacitated. (3) If all of the persons in the first qualifying class mentioned in paragraph (b)(1) of this section shall fail to give the necessary bond, renounce or are incapacitated, a Register of Wills shall grant letters of administration to such person or persons as all of them in that class who are not under an incapacity shall have agreed to in writing. (c) If all of the persons specified in the first class in paragraph (b)(1) of this section which shall have a member of that class living and not under an incapacity shall fail to give the necessary bond, renounce or are incapacitated, and if all of them who are not under an incapacity fail to agree in writing on a person or persons to whom letters of administration shall be granted as provided in paragraph (b)(3) of this section, then any or all of those who fail to agree may petition the Court of Chancery for the grant of letters of administration to their nominee or nominees, and the Court shall grant letters of administration to such person or persons as it, in its discretion, shall determine. (d) If there shall be no person living in any of the classes specified in paragraph (b)(1) of this section who is not under an incapacity, or if no petition for administration is filed within 60 days from the date of death, then the Register of Wills shall grant letters of administration to such person or persons as the Register, in the Register's discretion, shall determine. (e) Any interested person may petition the Register of Wills of a proper county for the appointment of an administrator. Code 1852, §  1779;  Code 1915, §  3343;  Code 1935, §  3808;  47 Del. Laws, c. 352, §  1;  12 Del. C. 1953, §  1505;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1506. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter I. General Provisions|§ 1506. Power of attorney by nondomiciliary executor or administrator.

§ 1506. Power of attorney by nondomiciliary executor or administrator. In case of the grant of letters testamentary or of administration, the person designated as an executor or administrator, if a nondomiciliary, or if a corporation not incorporated under the laws of Delaware, shall file in the office of the Register of Wills granting such letters, before the issuance of the letters, an irrevocable power of attorney designating that Register and the Register's successors in office as the person upon whom all notices and process issued by any court in this State may be served, with like effect as personal service in relation to any suit, matter, cause or thing affecting or pertinent to the estate in which the letters are issued. The Register shall forward forthwith, by certified mail, return receipt requested, to the address of such executor or administrator, which shall be stated in the power of attorney, any notices or process served upon the Register. Code 1915, §  3343(a);  38 Del. Laws, c. 180, §  1;  Code 1935, §  3808;  12 Del. C. 1953, §  1506;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1507. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter I. General Provisions|§ 1507. Successor administrator; personal representative of executor or administrator; administration during pendency of litigation.

§ 1507. Successor administrator; personal representative of executor or administrator; administration during pendency of litigation. (a) Upon the removal or resignation from office, or upon the death or incapacity of a sole executor or administrator, or if there are more than 1, all of them, administration shall be granted to a successor administrator or administrators in accordance with this title as though such administration were an original administration. (b) A personal representative of a deceased executor or administrator shall not represent (unless expressly appointed) and shall have no personal liability or responsibility with respect to the estate being executed or administered by such decedent, other than to notify the Register of Wills of the death of the decedent's executor or administrator. (c) Administration during the pendency of litigation concerning proof of a will or the right to administer, or during the absence of a personal representative appointed in accordance with the foregoing provisions of this title, may be granted by the Register of Wills of the county in which the decedent was domiciled, in the case of a domiciliary decedent, or by the Register of any county, in the case of a nondomiciliary decedent, as such Register, in the Register 's discretion, may deem appropriate. In the case of a nondomiciliary decedent, the administration which shall first be lawfully granted shall extend to all the estate of the decedent within Delaware, and shall exclude the jurisdiction of the Register for any other county during the pendency of such litigation or during the absence of such a personal representative. Code 1852, §§  1780-1782;  Code 1915, §  3344;  Code 1935, §  3809;  12 Del. C. 1953, §  1507;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1508. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter I. General Provisions|§ 1508. Persons not qualified to receive letters testamentary or of administration.

§ 1508. Persons not qualified to receive letters testamentary or of administration. Letters testamentary, or of administration, shall not be granted to a minor, to a person who is mentally incapacitated or to a person convicted of a crime disqualifying the person from taking an oath. Code 1852, §  1783;  Code 1915, §  3345;  Code 1935, §  3810;  12 Del. C. 1953, §  1508;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1509. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter I. General Provisions|§ 1509. Oath of executor or administrator.

§ 1509. Oath of executor or administrator. Every executor or administrator shall take and subscribe an oath, to be affixed to the bond, to perform the duties of office with fidelity. Code 1852, §  1791;  Code 1915, §  3347;  Code 1935, §  3812;  12 Del. C. 1953, §  1509;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1510. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter I. General Provisions|§ 1510. Personal representatives of deceased guardians.

§ 1510. Personal representatives of deceased guardians. Upon appointment, every executor or administrator of the estate of a guardian who dies in office shall notify the Court of Chancery of the guardian's death, and thereafter perform the duties of the guardian as specified in § 3941 of this title. 69 Del. Laws, c. 109, §  3;
12 DE Code § 1521. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter II. Bond|§ 1521. Requirement.

§ 1521. Requirement. Prior to receiving letters, a personal representative shall qualify by filing with the Register of Wills any required bond. Code 1852, §§  1792-1798;  Code 1915, §  3348;  Code 1935, §  3813;  42 Del. Laws, c. 139, §  1;  12 Del. C. 1953, §  1521;  59 Del. Laws, c. 384, §  1;  63 Del. Laws, c. 282, §  1;
12 DE Code § 1522. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter II. Bond|§ 1522. Exception to bond requirement.

§ 1522. Exception to bond requirement. No bond shall be required of a personal representative prior to receiving letters, except:  (1) When an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond; or (2) When bond is required by order of the Court of Chancery under § 1524 of this title. A bond otherwise required by any will may be dispensed with upon determination by the Court of Chancery that it is not necessary or desirable. 63 Del. Laws, c. 282, §  1;
12 DE Code § 1523. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter II. Bond|§ 1523. Amount; security; execution; excusing requirement.

§ 1523. Amount; security; execution; excusing requirement. If bond is required and the provisions of the will or court order do not specify the amount, the amount of the bond shall be fixed by the Register of Wills in an amount which shall not be less than the best estimate that can be made of the decedent's personal estate. The personal representative shall execute and file with the Register a bond with surety, or with other suitable security in an amount not less than the bond. The Register shall determine that the bond is duly executed by a corporate surety, or 1 or more individual sureties whose performance is secured by pledge of personal property, mortgage on real estate or other adequate security. On petition of the personal representative or other interested persons, the Court of Chancery may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties or permit the substitution of another bond with the same or different sureties. In increasing or decreasing the amount of the bond the Court shall take into account, inter alia, whether the will excuses the requirement of bond. Code 1852, §§  1792-1798, 1800;  15 Del. Laws, c. 468;  Code 1915, §§  3348, 3350, 3352;  Code 1935, §§  3813, 3815, 3817;  42 Del. Laws, c. 139, §  1;  12 Del. C. 1953, §§  1521, 1525, 1527;  59 Del. Laws, c. 384, §  1;  60 Del. Laws, c. 199, §§  4, 5;  63 Del. Laws, c. 282, §  1;
12 DE Code § 1524. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter II. Bond|§ 1524. Demand that representative be bonded.

§ 1524. Demand that representative be bonded. Any person apparently having an interest in the estate worth in excess of $2,000, or any creditor having a claim in excess of $2,000, may make a written demand that a personal representative give bond. The demand must be filed with the Court of Chancery and a copy mailed to the personal representative, if appointment and qualification have occurred. Upon finding that bond is necessary or desirable the Court may order bond but the requirement ceases without order of Court if the person demanding bond ceases to be interested in the estate, or if bond is excused as provided in this section or § 1523 of this title. After bond has been ordered and until the filing of the bond or cessation of the requirement of bond, the personal representative shall refrain from exercising any powers of office except as necessary to preserve the estate. Failure of the personal representative to meet the requirement of bond by giving suitable bond within 10 days from notice is cause for removal and appointment of a successor personal representative. 63 Del. Laws, c. 282, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1525. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter II. Bond|§ 1525. Conditions.

§ 1525. Conditions. (a) The following requirements and provisions apply to any bond required by this subchapter:  (1) Bonds shall name the State as obligee for the benefit of the persons interested in the estate including without limitation the legatees, devisees and other beneficiaries thereof, and shall be conditioned upon the faithful discharge by the fiduciary of all duties according to law; (2) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond; (3) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the Court of Chancery in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any proceedings shall be delivered to the surety or mailed to the surety by registered or certified mail at the surety's address as listed with the Register of Wills where the bond is filed; (4) On petition of a successor personal representative, any other personal representative of the same decedent or any interested person, a proceeding in the Court may be initiated by a surety for breach of the obligation of the bond of the personal representative; (5) The bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted. (b) No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligator is barred by adjudication or limitation. 63 Del. Laws, c. 282, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1526. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter II. Bond|§ 1526. Objection to amount or condition.

§ 1526. Objection to amount or condition. If any interested person objects to the amount of the bond as provided in § 1523 of this title or the condition of the bond as provided in § 1525 of this title, such person may petition the Court of Chancery and the Court shall fix the amount and condition of the bond. 59 Del. Laws, c. 384, §  1;  63 Del. Laws, c. 282, §  1;
12 DE Code § 1527. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter II. Bond|§ 1527. Liability for estate taxes and duties related thereto.

§ 1527. Liability for estate taxes and duties related thereto. The bond of a personal representative shall be liable for all money received for taxes of this State or the United States or for any penalty assessed against the personal representative for failure to file a tax return of this State or the United States within the period prescribed by law. 25 Del. Laws, c. 225, §  4;  Code 1915, §  149;  37 Del. Laws, c. 8, §  1;  40 Del. Laws, c. 10, §  1;  Code 1935, §  140;  42 Del. Laws, c. 58, §  2;  12 Del. C. 1953, §  1523;  59 Del. Laws, c. 384, §  1;  63 Del. Laws, c. 282, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 353, §  4;
12 DE Code § 1528. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter II. Bond|§ 1528. Certificate of approval; preservation.

§ 1528. Certificate of approval; preservation. (a) The execution of the required bond shall be sufficient without any certificate of approval by the Register of Wills. (b) The Register shall provide safekeeping for every bond. Code 1852, §§  1801, 1802;  Code 1915, §  3351;  Code 1935, §  3816;  12 Del. C. 1953, §  1526;  59 Del. Laws, c. 384, §  1;  63 Del. Laws, c. 282, §  1;