reglab/housing_qa huggingface dataset:
12 DE Code § 2504. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 25. Register of Wills|§ 2504. Compensation.

§ 2504. Compensation. The Registers of Wills in respective counties shall receive the following annual salaries:  (1) New Castle County, as fixed by the New Castle County government. (2) In Kent County the Register of Wills of Kent County shall receive a salary in an amount to be set by ordinance of the Kent County Levy Court. (3) In Sussex County the Register of Wills of Sussex Council shall receive a salary in an amount to be set by ordinance of the Sussex County Council.23 Del. Laws, c. 60, §  7;  24 Del. Laws, c. 84, §  1;  24 Del. Laws, c. 87, §  1;  24 Del. Laws, c. 94, §  1;  Code 1915, §  1438;  40 Del. Laws, c. 139, §  1;  Code 1935, §  1597;  44 Del. Laws, c. 98, §  1;  45 Del. Laws, c. 138, §  1;  46 Del. Laws, c. 298, §  1;  12 Del. C. 1953, §  2505;  49 Del. Laws, c. 283;  49 Del. Laws, c. 292;  50 Del. Laws, c. 488, §  1;  52 Del. Laws, c. 52, §  1;  52 Del. Laws, c. 174, §  1;  53 Del. Laws, c. 222, §  8;  54 Del. Laws, c. 23, §  11;  54 Del. Laws, c. 215, §  8;  56 Del. Laws, c. 204, §  2;  57 Del. Laws, c. 692, §  10;  59 Del. Laws, c. 384, §  1;  59 Del. Laws, c. 514, §  4;  61 Del. Laws, c. 506, §  9;  65 Del. Laws, c. 163, §  9;  65 Del. Laws, c. 216, §  6;  67 Del. Laws, c. 255, §  7;  68 Del. Laws, c. 234, §  5;
12 DE Code § 2505. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 25. Register of Wills|§ 2505. Bond.

§ 2505. Bond. The official bond of every Register of Wills of this State shall embrace and include the faithful performance by the Register of all the duties imposed upon the Register by law. 25 Del. Laws, c. 225, §  7;  Code 1915, §  152;  37 Del. Laws, c. 8, §  1;  40 Del. Laws, c. 10, §  1;  Code 1935, §  141;  12 Del. C. 1953, §  2504;  59 Del. Laws, c. 384, §  1;
12 DE Code § 2506. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 25. Register of Wills|§ 2506. Deputy register — Powers; recording appointment.

§ 2506. Deputy register — Powers; recording appointment. In all cases where, in the administration of the affairs of the office of Register of Wills in the several counties of the State, it is necessary or proper to administer an oath of affirmation, such oath of affirmation may be administered by a deputy register; and, where the Register might have done so, such deputy register may probate wills and grant letters testamentary and of administration. The appointment of each deputy shall be recorded in the office of the Recorder of Deeds of the county for which the deputy shall be appointed. 24 Del. Laws, c. 77, §  1;  Code 1915, §  3338;  Code 1935, §  3803;  12 Del. C. 1953, §  2506;  59 Del. Laws, c. 384, §  1;
12 DE Code § 2507. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 25. Register of Wills|§ 2507. Deputy Register — Chief deputy; employment of deputies and clerks.

§ 2507. Deputy Register — Chief deputy; employment of deputies and clerks. (a) The Chancellor shall name a chief deputy register of wills for each county who shall perform such duties as shall from time to time be assigned by the Court of Chancery. The annual compensation of such chief deputy shall be as fixed by the New Castle County government, the Sussex County government or the Levy Court of Kent County. A Chief Deputy Register of Wills when appointed and qualified shall not be removed from office except for good and sufficient cause. (b) The Register of Wills in each county may employ such number of deputies and clerks at such salaries as shall be fixed by the government body of such county. In Kent County, minimum qualifications may be established by the county government for each position, and said minimum qualifications and compensation and any subsequent adjustments thereto shall have the concurrence of the register of wills. 23 Del. Laws, c. 60, §  8;  24 Del. Laws, c. 83, §  1;  24 Del. Laws, c. 86, §  2;  26 Del. Laws, c. 61, §  1;  27 Del. Laws, c. 73, §  1;  27 Del. Laws, c. 83, §  1;  Code 1915, §  1439;  29 Del. Laws, c. 91, §  1;  29 Del. Laws, c. 92, §  1;  31 Del. Laws, c. 13, §  1;  32 Del. Laws, c. 67, §  1;  35 Del. Laws, c. 79, §  1;  40 Del. Laws, c. 139, §  2;  Code 1935, §§  1191, 1598;  43 Del. Laws, c. 120, §  1;  44 Del. Laws, c. 99, §  1;  44 Del. Laws, c. 100, §§  1, 2;  44 Del. Laws, c. 101, §  1;  45 Del. Laws, c. 109, §§  1, 2;  45 Del. Laws, c. 140, §  1;  46 Del. Laws, c. 139, §  1;  46 Del. Laws, c. 298, §§  1, 2;  47 Del. Laws, c. 192;  48 Del. Laws, c. 111, §  1;  12 Del. C. 1953, §  2507;  53 Del. Laws, c. 245;  59 Del. Laws, c. 384, §  1;  60 Del. Laws, c. 218, §  1;  61 Del. Laws, c. 486, §  1;  74 Del. Laws, c. 45, §  6;
12 DE Code § 2508. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 25. Register of Wills|§ 2508. Report of real estate transfers to Board of Assessment.

§ 2508. Report of real estate transfers to Board of Assessment. Each Register of Wills shall furnish to the Board of Assessment of each county a description of each parcel of real estate devised or descending by virtue of will or by operation of law insofar as the records of the Register's office will enable. The Register shall also furnish the date of the transfer, the name of the deceased and the name and the address of the transferee. The Register shall furnish such information promptly after the filing in the Register's office of an inventory and appraisement. 19 Del. Laws, c. 26, §  27;  19 Del. Laws, c. 562, §  11;  20 Del. Laws, c. 389, §  1;  Code 1915, §§  1126A, 1178;  28 Del. Laws, c. 82, §  28;  29 Del. Laws, c. 72, §  20;  30 Del. Laws, c. 77, §  19;  30 Del. Laws, c. 78, §  7;  31 Del. Laws, c. 14, §  24;  33 Del. Laws, c. 79, §  1;  33 Del. Laws, c. 84, §  23;  Code 1935, §§  1272, 1309, 1328, 1420, 1453;  46 Del. Laws, c. 299, §  1;  12 Del. C. 1953, §  2508;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
12 DE Code § 2509. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 25. Register of Wills|§ 2509. Delivery of records; photocopies; evidence.

§ 2509. Delivery of records; photocopies; evidence. (a) Each Register of Wills upon the advice and approval of the Court of Chancery may deliver to the Delaware Public Archives any volume of probate records in the Register's official custody, the age and condition of which render its continued use by the public inadvisable, and the Register shall take a receipt for the same and the receipt shall be recorded in the office from which such volume or record is taken. (b) Within a reasonable time after any such volume or record has been delivered to the Delaware Public Archives, the State Archivist and Records Administrator shall make a photocopy of its contents and shall certify that such contents are complete and correct, and such certificate shall be included in such photocopy. Such photocopy shall be delivered to the Register of Wills from whom the original volume was received, and the Register may issue certified copies of any records photocopied under the provisions of this section, and any such certified copy shall be admissible as evidence in any judicial or administrative proceeding in the same manner and entitled to the same weight and have the same effect as certified copies made from the original volume. 37 Del. Laws, c. 110, §  1;  Code 1935, §  1563;  12 Del. C. 1953, §  2509;  54 Del. Laws, c. 206;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;  72 Del. Laws, c. 91, §§  6-8;
12 DE Code § 2510. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 25. Register of Wills|§ 2510. Fees.

§ 2510. Fees. The governing body of each county shall determine the fees which shall be charged by the Register of Wills of that county. Code 1852, §  2833;  Code 1893 c. 125, §  14;  24 Del. Laws, c. 246, §  3;  24 Del. Laws, c. 247, §§  1, 2;  Code 1915, §§  4859, 4859A, 4860, 4886;  30 Del. Laws, c. 241, §  2;  36 Del. Laws, c. 275, §  1;  Code 1935, §§  5353, 5354, 5355, 5374;  46 Del. Laws, c. 300, §  1;  12 Del. C. 1953, §§  2321, 2322, 2323;  52 Del. Laws, c. 156;  53 Del. Laws, c. 229, §§  1, 2;  57 Del. Laws, c. 704;  59 Del. Laws, c. 384, §  1;  60 Del. Laws, c. 199, §  3;  62 Del. Laws, c. 19, §  1;  63 Del. Laws, c. 131, §§  1, 2;  64 Del. Laws, c. 76, §  1;
12 DE Code § 2511. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 25. Register of Wills|§ 2511. Posting of fee list.

§ 2511. Posting of fee list. Every Register of Wills shall keep for public inspection in the Register's office a printed or written list of the fees then in effect. Code 1852, §  2834;  Code 1915, §  4887;  Code 1935, §  5375;  12 Del. C. 1953, §  2524;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
12 DE Code § 2512. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 25. Register of Wills|§ 2512. Refusal to pay fees; penalty.

§ 2512. Refusal to pay fees; penalty. Whoever neglects or refuses to pay the fees provided for in this chapter, for any service performed, within 30 days after written demand from the Register of Wills to whom such fees are due, shall be fined $20 besides costs of suit unless the Court of Chancery, upon application within such 30-day period for good cause shown, grants an extension of time for payment of such fees. 24 Del. Laws, c. 246, §  6;  24 Del. Laws, c. 247, §  4;  Code 1915, §  4890;  Code 1935, §  5378;  12 Del. C. 1953, §  2526;  59 Del. Laws, c. 384, §  1;
12 DE Code § 2701. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 27. Sale of Lands by Executors and Administrators|§ 2701. Petition for sale of realty to pay decedent's debts; notice.

§ 2701. Petition for sale of realty to pay decedent's debts; notice. (a) When the personal estate of a decedent is not sufficient to pay the decedent's debts, the decedent's executor or administrator may present to the Court of Chancery of the county in which there is any real estate of the decedent a petition outlining such facts, and praying for an order for sale of the whole, or such part thereof, if the personal estate is not sufficient for that purpose. (b) Written notice of intention to present such petition, and of the day and place of doing so, shall be given by the executor or administrator at least 10 days in advance to the parties interested or, if any of the parties be minors and have guardians, to such guardians if such parties and guardians reside in the State, and also to the tenants in possession of the premises intended to be sold. If any of the parties or guardians do not reside in the State, there shall, in such case, be such publication or service of notice in respect to them as shall be prescribed by the Court of Chancery, by general rule, or specially directed in any case. (c) Where the decedent has real estate in more than 1 of the counties of this State the petition may be presented to the Court of Chancery of any of the counties wherein such real estate is located. The Court may, in such action, make an order in relation to any real estate of the decedent located within this State. The Court shall order the part of the proceedings which relates to real estate in a county, other than that where the petition is presented, to be certified and recorded in the Court of Chancery in that county; and the record shall have all the effect of an original record. The sale of any such real estate shall be conducted only in the county wherein such real estate is located. Code 1852, §§  1877, 1878;  Code 1915, §  3417;  Code 1935, §  3877;  12 Del. C. 1953, §  2701;  57 Del. Laws, c. 402, §  3;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
12 DE Code § 2702. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 27. Sale of Lands by Executors and Administrators|§ 2702. Application by creditor to compel sale of realty; procedure.

§ 2702. Application by creditor to compel sale of realty; procedure. A creditor of the decedent may apply to the Court of Chancery of the county wherein the letters were granted to issue a citation to an executor or administrator to appear before it, on a day to be therein mentioned, to show cause why the creditor shall not present a petition to the Court for the purpose mentioned in § 2701 of this title. The citation shall be served at least 10 days before its return. If upon a hearing it appears that there is a deficiency of assets for the payment of the decedent's debts, and that the creditor will be remediless without the sale of the real estate, or part thereof, then the Court may order the executor or administrator to present such petition to it on or before such date to be fixed by the Court as will enable the notice required by § 2701 of this title to be given. Code 1852, §§  1812, 1879, 1880;  Code 1915, §§  3366, 3418;  Code 1935, §§  3831, 3878;  12 Del. C. 1953, §  2702;  57 Del. Laws, c. 402, §  3;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
12 DE Code § 2703. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 27. Sale of Lands by Executors and Administrators|§ 2703. Proof in action to compel sale of realty.

§ 2703. Proof in action to compel sale of realty. In cases of a petition for an order for sale of realty, the executor or administrator shall exhibit to the Court of Chancery, on oath, a true account of all the personal estate of the decedent, and of all debts outstanding against the estate of the decedent which shall have come to the executor's or administrator's knowledge, stating therein the amount of the inventory and appraisal, the amount of the debts due to the decedent and all other property, rights and credits belonging to the decedent's personal estate of which the executor or administrator has knowledge; and the executor or administrator shall also exhibit the inventory, list and statement filed pursuant to § 1905 of this title, or certified copies thereof. Code 1852, §§  1881, 1882;  Code 1915, §  3419;  Code 1935, §  3879;  12 Del. C. 1953, §  2703;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 2704. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 27. Sale of Lands by Executors and Administrators|§ 2704. Order of sale; realty to be sold.

§ 2704. Order of sale; realty to be sold. The Court of Chancery may, if it appears that there is a deficiency of personal estate for the payment of the decedent's debts, order that the executor or administrator shall sell the real estate, or a part thereof to be specified in the order, for the purpose of supplying the deficiency. No more shall be sold than the Court deems sufficient for that purpose, unless the Court considers that the condition of any premises is such that a part thereof, merely sufficient, could not be laid off and sold without injury to the whole, in which case the Court may order the whole or any part of such premises to be sold, as may be deemed best for the parties interested. Code 1852, §§  1881, 1882;  Code 1915, §  3419;  Code 1935, §  3879;  12 Del. C. 1953, §  2704;  59 Del. Laws, c. 384, §  1;
12 DE Code § 2705. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 27. Sale of Lands by Executors and Administrators|§ 2705. Partition no bar to sale.

§ 2705. Partition no bar to sale. The fact that partition has been made of the real estate shall be no bar to an order for sale. Code 1852, §§  1881, 1882;  Code 1915, §  3419;  Code 1935, §  3879;  12 Del. C. 1953, §  2705;  59 Del. Laws, c. 384, §  1;
12 DE Code § 2706. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 27. Sale of Lands by Executors and Administrators|§ 2706. Manner of sale; notice and adjournment in case of public auction.

§ 2706. Manner of sale; notice and adjournment in case of public auction. Every sale under this chapter shall be by public auction or by private sale with the approval of the Court of Chancery. If the sale is by public auction, the Court shall direct the executor or administrator to give notice thereof by advertisements made and signed by the Clerk, describing the land to be sold and appointing the day, hour and place of such sale, posted, at least 10 days before the day of sale, at such places in the county as the order specifies, and also in such other manner as may be deemed proper in a particular case. The executor or administrator may adjourn the sale. Code 1852, §  1885;  19 Del. Laws, c. 252, §  1;  Code 1915, §  3423;  Code 1935, §  3883;  12 Del. C. 1953, §  2711;  59 Del. Laws, c. 384, §  1;
12 DE Code § 2707. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 27. Sale of Lands by Executors and Administrators|§ 2707. Effect of contribution in advance of sale to payment of debts; contribution to equalize burden after sale.

§ 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 real estate, contributes so much as the Court of Chancery adjudges to be devisee's or other person's proportionable part towards payment of the outstanding debts, no order shall be made for the sale of the premises owned or held by the devisee or other person. A devisee or other owner of premises which shall be sold pursuant to an order under this chapter may compel contribution to equalize the burden from any other owner if more than devisee's or other person's proportionate share towards payment of the debts is raised by the sale. Code 1852, §  1886;  Code 1915, §  3424;  Code 1935, §  3884;  12 Del. C. 1953, §  2712;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
12 DE Code § 2708. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 27. Sale of Lands by Executors and Administrators|§ 2708. Return of sale; deed.

§ 2708. Return of sale; deed. (a) An executor or administrator shall return the proceedings to any adjourned or regular term of the Court of Chancery after the making or renewing of an order of sale; and if the return is approved, the executor or administrator shall make a deed to the purchaser for the premises sold. (b) If an order is made to several executors or administrators, upon the death of any, it shall survive. (c) A successor administrator may return a sale made by a former executor or administrator and make a deed to the purchaser, if the Court of Chancery approves the sale and orders the successor to make a deed. The successor may, under order of the Court, make a deed pursuant to a sale returned by such former executor or administrator and duly approved. (d) A deed may also be made, by order of the Court of Chancery, to the heirs or to the assigns of a deceased purchaser. (e) The Court of Chancery shall not order a deed to be made in any case, unless the purchase money is first paid. Code 1915, §  3425;  Code 1935, §  3885;  12 Del. C. 1953, §  2713;  57 Del. Laws, c. 402, §  3;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
12 DE Code § 2709. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 27. Sale of Lands by Executors and Administrators|§ 2709. Title of purchaser.

§ 2709. Title of purchaser. The grantee in any deed made in pursuance of this chapter shall take all the estate, title and claim which the decedent, at the time of the decedent's death, had to the real estate thereby conveyed, either at law or in equity, with the benefit of all acts and matters done after the decedent's death for perfecting or securing the title, and shall hold the same paramount to all encumbrances created or suffered by, and all right and title of the devisees or heirs of the decedent, and all persons claiming through them, and also discharged from the lien of all judgments against decedent, or the decedent's executors or administrators, and also of all the mortgages and recognizances entered into or executed by the decedent for the payment of money or interest, absolutely and not dependent on a contingency. But neither the sale nor the deed shall impair or affect the lien of any recognizance or obligation entered into or executed by the decedent with condition for the performance of any official duties, or of any recognizance or mortgage entered into or executed by the decedent with any other condition than for the absolute payment of money, or interest. Code 1852, §  1892;  Code 1915, §  3426;  Code 1935, §  3886;  12 Del. C. 1953, §  2714;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
12 DE Code § 2710. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 27. Sale of Lands by Executors and Administrators|§ 2710. Application of proceeds of sale; order of payment of debts.

§ 2710. Application of proceeds of sale; order of payment of debts. The purchase money of a sale, made by authority of this chapter (all just charges to be allowed by the Court of Chancery, being first deducted), shall be applied to outstanding debts against the decedent in the following order:  (1) First Class. — To judgments against the decedent, which, before the sale, were liens on the premises sold, and to recognizances and mortgages entered into or executed by the decedent with condition for the payment of money or interest, absolutely, and not dependent on a contingency, and which, before the sale, were liens on the premises sold; such judgments, recognizances and mortgages shall be of equal grade, but shall be preferred in payment according to the legal priority of their lien respectively; and if in an action or proceeding upon a recognizance, obligation or mortgage entered into or executed by the decedent with other condition than for the absolute payment of money or interest (but which was by its own force or legal effect, without judgment thereon, a lien on the premises sold), a sum shall have been assessed or ascertained as payable or recoverable by virtue thereof, and judgment or decree, at the time of the sale, has been thereupon given or pronounced, the sum so assessed or ascertained with the costs shall stand in priority, according to the date of the obligation or recognizance, or of the depositing of the mortgage duly acknowledged or proved in the proper recorder's office to be recorded, and shall be preferred in payment according to such priority; but in no other case shall the proceeds of such sale be applied or retained for the purpose of being applied to any recognizance, obligation or mortgage entered into or executed by the decedent with other condition than for the absolute payment of money or interest, in preference to, or to the postponement of, any debt outstanding against the decedent. But no debt shall be regarded as within this class unless it was before the sale a lien on the premises sold; a sum assessed or ascertained, as mentioned, under this class, being here understood to be demandable by virtue of the mortgage, recognizance or obligation upon which the action or proceeding was instituted. (2) Second Class. — To other debts outstanding against the decedent, observing the same rule of priority as prescribed by § 2105 of this title.Code 1852, §§  1893-1897;  Code 1915, §  3427;  35 Del. Laws, c. 204, §  1;  Code 1935, §  3887;  12 Del. C. 1953, §  2715;  57 Del. Laws, c. 402, §  3;  59 Del. Laws, c. 384, §  1;