reglab/housing_qa huggingface dataset:
12 DE Code § 1541. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter III. Death, Removal or Discharge of Executor or Administrator|§ 1541. Removal for neglect of duties.

§ 1541. Removal for neglect of duties. (a) If an executor or administrator neglects official duties, the Court of Chancery may remove the executor or administrator from office. (b) If any executor or administrator fails to perform any of the duties imposed upon the executor or administrator under Chapter 15 of Title 30 [repealed], the Court of Chancery may, upon petition of the Division of Revenue, revoke the same, and the executor's or administrator's bond shall be liable, and the same proceedings shall be had as if the executor's or administrator's administration had been revoked for other cause. Code 1852, §  1784;  25 Del. Laws, c. 225, §  4;  Code 1915, §§  149, 3346;  37 Del. Laws, c. 8, §  1;  40 Del. Laws, c. 10, §  1;  Code 1935, §§  140, 3811;  12 Del. C. 1953, §  1541;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 353, §  5;
12 DE Code § 1542. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter III. Death, Removal or Discharge of Executor or Administrator|§ 1542. Removal of executor or administrator upon subsequent probate of will.

§ 1542. Removal of executor or administrator upon subsequent probate of will. If, after the grant of letters testamentary or the grant of letters of administration, a will of the deceased is admitted to probate and letters testamentary or of administration with the will annexed are thereupon granted, the prior executor or administrator shall by such grant be removed from office. All the previous lawful acts of the removed executor or administrator shall be valid as provided in § 1545 of this title. Code 1852, §  1785;  Code 1915, §  3346;  Code 1935, §  3811;  12 Del. C. 1953, §  1542;  59 Del. Laws, c. 384, §  1;
12 DE Code § 1543. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter III. Death, Removal or Discharge of Executor or Administrator|§ 1543. Rights of coexecutor, coadministrator or successor upon death or removal.

§ 1543. Rights of coexecutor, coadministrator or successor upon death or removal. Whenever an executor or administrator is removed or dies before the estate of the deceased is closed, a coexecutor or coadministrator, or if there be none such, a successor, shall be entitled to receive all the unadministered effects, including books and papers, which, at the time of such removal or death, shall be in the executor's or administrator's hands, or for which the executor or administrator is answerable, just allowances being made. Code 1852, §  1786;  Code 1915, §  3346;  Code 1935, §  3811;  12 Del. C. 1953, §  1543;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1544. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter III. Death, Removal or Discharge of Executor or Administrator|§ 1544. Commissions; allowance and apportionment.

§ 1544. Commissions; allowance and apportionment. When part of the effects of the deceased passes from 1 executor or administrator to another under § 1543 of this title, commissions shall not be twice allowed, but may be apportioned or the whole may be allowed to the one who, according to the circumstances, ought to have the same. When commissions have been once allowed, there shall be no more allowed upon the same subject matter, except in cases of apportionment, unless the first allowance is annulled. Code 1852, §  1787;  Code 1915, §  3346;  Code 1935, §  3811;  12 Del. C. 1953, §  1544;  59 Del. Laws, c. 384, §  1;
12 DE Code § 1545. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter III. Death, Removal or Discharge of Executor or Administrator|§ 1545. Validity of acts of removed or deceased executor or administrator.

§ 1545. Validity of acts of removed or deceased executor or administrator. Any act done by an executor or administrator in the due course of administration, and any payment made by the executor or administrator on account of a legacy or distributive share shall be valid, until it appears to have been erroneously or unlawfully done or made although the executor or administrator shall be removed from office or shall die before closing the estate. Code 1852, §  1788;  Code 1915, §  3346;  Code 1935, §  3811;  12 Del. C. 1953, §  1545;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1546. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter III. Death, Removal or Discharge of Executor or Administrator|§ 1546. Refusal to deliver unadministered assets.

§ 1546. Refusal to deliver unadministered assets. (a) If any executor or administrator who has been removed refuses to deliver to a coexecutor or coadministrator, if there be such, and if not, to a successor, all the unadministered effects belonging to the deceased, which shall be in the executor's or administrator's hands, the Court of Chancery may, in a summary proceeding, upon the petition of such coexecutor, administrator or successor, hear the parties, and make an order for such delivery, and enforce the same by attachment, sequestration or any other process. (b) The Court of Chancery may also proceed, in like manner, against the personal representative of a deceased executor or administrator, refusing to deliver, according to law, any such effects belonging to the estate of the first testator or intestate which shall come to personal representative's hands. Code 1852, §§  1789, 1790;  Code 1915, §  3346;  Code 1935, §  3811;  12 Del. C. 1953, §  1546;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1547. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter III. Death, Removal or Discharge of Executor or Administrator|§ 1547. Discharge of executor or administrator upon petition; procedure; appeal.

§ 1547. Discharge of executor or administrator upon petition; procedure; appeal. (a) An executor or administrator may, by petition to the Court of Chancery, apply to be discharged from the office of executor or administrator. Upon such petition and upon it appearing to the Court that the discharge of the executor or administrator will be for the benefit of the parties interested in the estate of the deceased, the Court may grant such discharge and revoke the letters testamentary or of administration, upon such terms and conditions as the Court deems necessary for the security of the estate of the decedent. Notice of such application and of the time and place of hearing the same shall be given to parties interested, by citation served on such as reside within this State, and as to nonresident parties by such publication as the Court directs. (b) The provisions of law relating to the acts of a removed executor or administrator, the delivery of unadministered effects, books and papers, the remedies for enforcing such delivery and the apportionment of commissions and the fees of the Register of Wills in the proceedings for the removal of an executor or administrator, shall apply to the case of an executor or administrator discharged under this section. (c) The Court of Chancery may make any order upon a discharged executor or administrator which may be necessary to carry into effect this section, and may enforce such order by attachment, sequestration or any other process. 12 Del. Laws, c. 304, §§  1-4;  Code 1915, §  3403;  Code 1935, §  3866;  12 Del. C. 1953, §  1547;  49 Del. Laws, c. 220, §  10;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1551. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|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.

§ 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 life shall be entitled under the will of any deceased testator to the income on the personal estate of such deceased testator or any part thereof, shall be the executor or administrator with the will annexed of the estate of such deceased testator, such executor or administrator with the will annexed may, if no trustee is named in such will, after having passed a final account of administration on the estate before the Register of Wills, petition the Court of Chancery for the appointment of a trustee to receive from such executor or administrator with the will annexed, the fund to which the person named in the will is entitled during the person's life. (b) The Court of Chancery, upon petition being presented to it as provided in subsection (a) of this section, shall appoint a trustee to receive, manage and invest the fund, and the trustee shall give bond as the Court may order and direct. (c) The trustee shall manage and invest the fund, and pay over to the person entitled for life to the fund the profits and income arising thereout; and after the death of the person entitled for life, shall pay the fund to the person entitled absolutely. (d) The trust shall terminate upon the death of the person entitled during life to the fund, and the release of the person entitled absolutely to the fund shall discharge and release the trustee from all liability for or concerning the same. 21 Del. Laws, c. 295, §  1;  Code 1915, §§  3357, 3358;  Code 1935, §§  3822, 3823;  12 Del. C. 1953, §  1551;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1552. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter IV. Life Interest in Personalty Where Will Appoints No Trustee to Administer|§ 1552. Receipt of trustee.

§ 1552. Receipt of trustee. The receipt of the trustee, appointed under § 1551 of this title, to the executor or administrator with the will annexed for the fund shall release and discharge the executor or administrator with the will annexed of and from all liability for or concerning the fund. 21 Del. Laws, c. 295, §  1;  Code 1915, §  3359;  Code 1935, §  3824;  12 Del. C. 1953, §  1552;  59 Del. Laws, c. 384, §  1;
12 DE Code § 1553. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter IV. Life Interest in Personalty Where Will Appoints No Trustee to Administer|§ 1553. Personalty in possession of life tenant; discharge of executor or administrator with will annexed; liability of life tenant.

§ 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 cases where the will so provides, leaves in the possession of the person entitled for life, perishable personal property, livestock, household goods, family stores and farming implements, together with the crops saved for the maintenance of such stock, the receipt of such person entitled for life to such executor or administrator with the will annexed shall discharge the executor or administrator with the will annexed of and from all liability for or concerning the goods and chattels and crops so devised and the appraised value thereof. The Register of Wills shall allow the amount of the appraisement of the goods and chattels in the account of the executor or administrator as a credit upon the production, at the time of passing the account, of the receipt; but such release shall not discharge the person so entitled for life, the person's executor or administrator from liability to the person entitled to such personal property absolutely, after the death of the person entitled thereto for life, or prevent such action at law or in equity as is necessary to secure the delivery of such personal property or payment therefor, at its appraised value, to the person entitled thereto absolutely, after the death of the person entitled to such property for life. 21 Del. Laws, c. 295, §  1;  Code 1915, §  3360;  Code 1935, §  3825;  12 Del. C. 1953, §  1553;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1561. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter V. Foreign Representatives|§ 1561. Definitions.

§ 1561. Definitions. As used in this subchapter, the following definitions shall apply:  (1) “Local administration” means administration by a personal representative appointed in this State pursuant to appointment proceedings described in this title. (2) “Local personal representative” includes any personal representative appointed in this State pursuant to appointment proceedings described in this title and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to § 1566 of this title. (3) “Personal representative” includes executor, administrator, administrator with the will annexed and successor personal representatives and persons who perform substantially the same function under the law governing their status. (4) “Resident creditor” means a person domiciled in, or doing business in this State, who is, or could be, a claimant against an estate of a nonresident decedent.59 Del. Laws, c. 384, §  1;
12 DE Code § 1562. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter V. Foreign Representatives|§ 1562. Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.

§ 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 the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of property of such nonresident decedent or having possession or control of an instrument evidencing a debt, obligation, stock or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the property or the instrument evidencing the debt, obligation, stock or chose in action to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of appointment and an affidavit made by or on behalf of the representative stating:  (1) The date of the death of the nonresident decedent; (2) That no local ancillary administration, or application or petition therefor, is pending in this State; (3) That the domiciliary foreign personal representative is entitled to payment or delivery.59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1563. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter V. Foreign Representatives|§ 1563. Payment or delivery discharges.

§ 1563. Payment or delivery discharges. Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative. 59 Del. Laws, c. 384, §  1;
12 DE Code § 1564. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter V. Foreign Representatives|§ 1564. Resident creditor notice.

§ 1564. Resident creditor notice. Payment or delivery under § 1562 of this title may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative. 59 Del. Laws, c. 384, §  1;
12 DE Code § 1565. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter V. Foreign Representatives|§ 1565. Proof of authority and bond.

§ 1565. Proof of authority and bond. If no local ancillary administration or application or petition therefor is pending in this State, a domiciliary foreign personal representative may file with the Register of Wills in this State in a county in which property belonging to the decedent is located exemplified copies of the domiciliary foreign personal representative's appointment and of any official bond given. 59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1566. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter V. Foreign Representatives|§ 1566. Powers.

§ 1566. Powers. A domiciliary foreign personal representative who has complied with § 1565 of this title may exercise as to assets in this State all powers of a local personal representative and may maintain actions and proceedings in this State subject to any conditions imposed upon nonresident parties generally and provided that such domiciliary foreign personal representative complies with § 1905 of this title governing the filing of an inventory and appraisal of estate assets consisting of tangible personal property and real estate actually situated within this State. 59 Del. Laws, c. 384, §  1;  75 Del. Laws, c. 97, §  2;
12 DE Code § 1567. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter V. Foreign Representatives|§ 1567. Power of representatives in transition.

§ 1567. Power of representatives in transition. The power of a domiciliary foreign personal representative under § 1562 or § 1565 of this title shall be exercised only if there is no administration or application therefor pending in this State. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under § 1566 of this title, but the Court of Chancery may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for the foreign personal representative in any action or proceeding in this State. 59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1568. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter V. Foreign Representatives|§ 1568. Ancillary and other local administrations; provisions governing.

§ 1568. Ancillary and other local administrations; provisions governing. In respect to the local administration of the estate of a nonresident decedent, the provisions of this title govern:  (1) Proceedings, if any, before a Register of Wills or the Court of Chancery in this State, for probate of the will, appointment, removal, supervision and discharge of the local personal representative, and any other order concerning the estate; and (2) The status, powers, duties and liabilities of any local personal representative and the rights of claimants, purchasers, distributors and others in regard to a local administration.59 Del. Laws, c. 384, §  1;
12 DE Code § 1569. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter V. Foreign Representatives|§ 1569. Jurisdiction by act of foreign personal representative.

§ 1569. Jurisdiction by act of foreign personal representative. A foreign personal representative submits to the jurisdiction of the courts of this State by:  (1) Filing exemplified copies of appointment as provided in § 1565 of this title, (2) Receiving payment of money or taking delivery of personal property under § 1562 of this title, or (3) Doing any act as a personal representative in this State which would have given the State jurisdiction over the person as an individual. Jurisdiction under paragraph (2) of this section is limited to the money or value of personal property collected. 59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1570. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter V. Foreign Representatives|§ 1570. Jurisdiction by act of decedent.

§ 1570. Jurisdiction by act of decedent. In addition to jurisdiction conferred by § 1569 of this title, a foreign personal representative is subject to the jurisdiction of the courts of this State to the same extent that the decedent was subject to jurisdiction immediately prior to death. 59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1571. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter V. Foreign Representatives|§ 1571. Service on foreign personal representative.

§ 1571. Service on foreign personal representative. (a) Service of process may be made upon the foreign personal representative by certified mail, addressed to the last reasonably ascertainable address, requesting a return receipt signed by the addressee only. Notice by ordinary first-class mail is sufficient if certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this State on either the foreign personal representative or the decedent immediately prior to death. (b) If service is made upon a foreign personal representative as provided in subsection (a) of this section, the foreign personal representative shall be allowed at least 30 days within which to appear or respond. 59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1572. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 15. Letters Testamentary and Letters of Administration|Subchapter V. Foreign Representatives|§ 1572. Effect of adjudication for or against personal representative.

§ 1572. Effect of adjudication for or against personal representative. In the absence of fraud or collusion, an adjudication rendered in the domiciliary jurisdiction or any ancillary jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if the representative were a party to the adjudication. 59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;