reglab/housing_qa huggingface dataset:
12 DE Code § 1901. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 19. Assets of Estates; Inventory and Appraisal|§ 1901. Personal property constituting assets of estate; exceptions; employee death benefit plans and insurance policies.

§ 1901. Personal property constituting assets of estate; exceptions; employee death benefit plans and insurance policies. (a) Estates in lands, tenements and hereditaments held by the decedent for the life of another shall be chattels; and such estates, estates by elegit or for years, the crop of the decedent growing or begun (except on lands devised by the decedent), bank and other stock, money (whether in hand or deposited), and all goods and chattels shall be assets and included in the inventory. (b) The following articles shall not be included in the inventory: The family Bible; clothes of the decedent; and the family stores laid in before the death of the decedent. (c) If, under the terms of any insurance policy or contract, pension, bonus, stock option or other employee benefit or incentive plan, a person, trust or corporation, other than the decedent or the decedent's estate's personal representative, is designated to receive, upon or after the death of the decedent, any property or other death benefit, such property or death benefit shall not be included in the inventory of the decedent as chargeable to the decedent's personal representative; and such person, trust or corporation shall be entitled to such property or death benefits as against the claim of any personal representative, creditor, legatee or next of kin of the decedent. (d) Subsection (c) of this section shall apply to designations whether made prior to or subsequent to the enactment of this section with respect to decedents dying after June 30, 1969. This section shall have no effect on the validity of other designations, nor shall it affect the calculations of estate taxes with respect to any decedent. Code 1852, §  1804;  Code 1915, §  3363;  Code 1935, §  3828;  12 Del. C. 1953, §  1901;  57 Del. Laws, c. 76;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 353, §  6;
12 DE Code § 1902. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 19. Assets of Estates; Inventory and Appraisal|§ 1902. Rents and profits of deceased's real estate as estate assets; possession and repair of real estate.

§ 1902. Rents and profits of deceased's real estate as estate assets; possession and repair of real estate. (a) The rents and profits of the real estate of the deceased which shall come into the hands of the executor or administrator shall be assets for the payment of debts, and the executor or administrator shall be chargeable therewith accordingly; and upon a demand of the heir or devisee for such rents and profits it shall be a sufficient answer that the same have been applied to debts against the deceased, or that there are such debts to which they are applicable. (b) Nothing in this section shall give to the executor or administrator any right of possession of the real estate; but if in possession, the executor or administrator shall, with the rents and profits, keep the premises in tenantable repair. Code 1852, §  1831;  Code 1915, §  3375;  Code 1935, §  3840;  12 Del. C. 1953, §  1902;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1903. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 19. Assets of Estates; Inventory and Appraisal|§ 1903. Growing crops.

§ 1903. Growing crops. When there is a crop growing or begun, the executor or administrator may finish or sell it as deemed best for the estate. If finishing the crop, the executor's or administrator's account shall comprehend the proceeds and expenses. Code 1852, §  1814;  Code 1915, §  3368;  Code 1935, §  3833;  12 Del. C. 1953, §  1903;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1904. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 19. Assets of Estates; Inventory and Appraisal|§ 1904. Appraisers; appointment.

§ 1904. Appraisers; appointment. The personal representative may employ 1 or more qualified and disinterested appraisers to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser shall be indicated on the inventory with the item or items being appraised. Code 1852, §§  1805, 1806;  Code 1915, §  3364;  Code 1935, §  3829;  12 Del. C. 1953, §  1904;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1906. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 19. Assets of Estates; Inventory and Appraisal|§ 1906. Failure to file inventory; civil and criminal penalties.

§ 1906. Failure to file inventory; civil and criminal penalties. (a) Any executor or administrator who fails to file the inventory, list and statement with the Register of Wills within 3 months after the granting of letters testamentary or of administration shall be subject, personally and individually, to a penalty of $1.00 per day for each day delinquent. This penalty shall not apply until 1 month after notice by the Register of Wills of such delinquency. (b) Any executor or administrator who fails to file the inventory, list and statement as required by § 1905 of this title, after being ordered to do so by the Court of Chancery, shall be subject to penalty for contempt of Court. Code 1852, §  1812;  25 Del. Laws, c. 225, §  3;  27 Del. Laws, c. 269, §  1;  Code 1915, §§  148, 3366;  37 Del. Laws, c. 8, §  1;  40 Del. Laws, c. 10, §  1;  Code 1935, §§  139, 3831;  41 Del. Laws, c. 8, §  9;  41 Del. Laws, c. 191, §  3;  42 Del. Laws, c. 59, §  1;  12 Del. C. 1953, §  1906;  59 Del. Laws, c. 384, §  1;  64 Del. Laws, c. 252, §  4;
12 DE Code § 1907. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 19. Assets of Estates; Inventory and Appraisal|§ 1907. Refusal of a coexecutor or coadministrator to file inventory.

§ 1907. Refusal of a coexecutor or coadministrator to file inventory. Where there are several executors or administrators, if either of them refuses or neglects to join in the inventory or list of debts, the Court of Chancery shall remove the person or persons from office, unless the person or persons shall cause an inventory or list to be made and delivered on the person's own behalf. Code 1852, §  1813;  Code 1915, §  3367;  Code 1935, §  3832;  12 Del. C. 1953, §  1907;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1908. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 19. Assets of Estates; Inventory and Appraisal|§ 1908. Affidavit of diligent inquiry.

§ 1908. Affidavit of diligent inquiry. An affidavit, signed by the executor or administrator and declaring upon oath or affirmation that the executor or administrator has diligently inquired and can obtain no knowledge of any goods or chattels of the decedent, shall be a sufficient excuse for not delivering an inventory; and a like affidavit that the executor or administrator has diligently inquired and can obtain no knowledge of any debts or credits due or belonging to the decedent shall be a sufficient excuse for not delivering a list. Such affidavit shall be certified by the Register of Wills and filed with the bond. Code 1852, §  1812;  Code 1915, §  3366;  Code 1935, §  3831;  41 Del. Laws, c. 191, §  3;  12 Del. C. 1953, §  1908;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1909. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 19. Assets of Estates; Inventory and Appraisal|§ 1909. Executor's debt to decedent.

§ 1909. Executor's debt to decedent. The making of a person executor shall not extinguish any demand of the decedent against said person, but the same shall be truly inserted in the list of debts. Code 1852, §§  1807-1811;  Code 1915, §  3365;  Code 1935, §  3830;  12 Del. C. 1953, §  1910;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1910. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 19. Assets of Estates; Inventory and Appraisal|§ 1910. Additional inventory; after discovered assets.

§ 1910. Additional inventory; after discovered assets. If, after the return of an inventory or list of debts, personal estate or debts due the decedent, not included therein, shall come to the knowledge of the executor or administrator, the executor or administrator shall cause an additional inventory or list to be made and returned into the Register of Wills' office. Code 1852, §  1815;  Code 1915, §  3369;  Code 1935, §  3834;  12 Del. C. 1953, §  1911;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 1911. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 19. Assets of Estates; Inventory and Appraisal|§ 1911. Power of Court to suppress, reject and order another inventory or list.

§ 1911. Power of Court to suppress, reject and order another inventory or list. The Court of Chancery may order an inventory or list of debts to be suppressed, or adjudge the same imperfect and order another to be made and filed in the office of the Register of Wills. No inventory or list of debts shall be suppressed or adjudged imperfect because of any defect in the affidavit or in any certificate of any oath or affirmation. Code 1852, §§  1816, 1817;  Code 1915, §  3370;  Code 1935, §  3835;  12 Del. C. 1953, §  1912;  57 Del. Laws, c. 402, §  3;  59 Del. Laws, c. 384, §  1;
12 DE Code § 1912. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 19. Assets of Estates; Inventory and Appraisal|§ 1912. Recording inventory and notation of inheritance tax status in Inheritance and Succession Docket.

§ 1912. Recording inventory and notation of inheritance tax status in Inheritance and Succession Docket. (a) Every inventory, list and statement filed pursuant to § 1905 of this title, shall be recorded and indexed by the Register of Wills in the “Inheritance and Succession Docket.” (b) Whenever any parcel of real estate or any estate or interest therein described in the statement of the executor or administrator or affidavit filed pursuant to § 1905(e) of this title shall be subject to estate taxes under Title 30, the Register of Wills shall make an entry in the Inheritance and Succession Docket that the real estate is subject to tax, and in the event of an appeal to the Superior Court from a determination by the State Tax Appeal Board of the amount of estate taxes to be paid, shall further note in said docket the fact of appeal. When any estate tax due this State shall be paid and discharged, the Register shall make a note thereof in the docket, upon notice from the Division of Revenue of payment. 25 Del. Laws, c. 225, §  3;  27 Del. Laws, c. 269, §  1;  Code 1915, §  148;  37 Del. Laws, c. 8, §  1;  40 Del. Laws, c. 10, §  1;  Code 1935, §  139;  12 Del. C. 1953, §  1913;  59 Del. Laws, c. 384, §  1;  71 Del. Laws, c. 353, §  7;  72 Del. Laws, c. 342, §  2;
12 DE Code § 2101. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 21. Debts of and Claims Against Estate|§ 2101. Notice to creditors to present claims; publication.

§ 2101. Notice to creditors to present claims; publication. (a) The Register of Wills shall give notice as provided in this section of the granting of letters. Said notice shall contain the date of grant of letters, the date of the decedent's death and the name and address of the personal representative and of the personal representative's counsel, if any. (b) Such notice shall be given in all cases by advertisements to be posted within 40 days from the grant of letters on the designated county website and/or in the county courthouse in the county in which the decedent resided at the time of death, or, in the case of nonresident decedents, in the county in which letters testamentary or of administration shall have been granted; and, such notice shall also be published in any 1 or more newspapers approved by the Register of Wills published in such county at least 3 times within the same period not less frequently than once a week for 3 successive weeks; except that if the Register of Wills at the time of granting of letters shall determine from evidence satisfactory to the Register that the gross personal estate of the decedent does not exceed $30,000 and also that the gross real and personal estate of the decedent does not in the aggregate exceed $35,000, the Register may give such notice solely by the posting of advertisements as aforesaid, and not by publication in a newspaper or newspapers. (c) The Register of Wills may require that the actual costs and expenses of such posting and publication be advanced to the Register of Wills prior to the grant of letters. The Register shall note or record in the Register's docket the giving of notice and the form of notice given. (d) The Register of Wills shall send a copy of the notice, described in this section, to the State Treasurer within 40 days from the grant of letters. The State Treasurer, within 40 days from the receipt of notice, and at least monthly, shall send the information included therein in a convenient or summary form to each state agency which requests the information without charge. Code 1852, §§  1855-1858;  Code 1915, §  3398;  38 Del. Laws, c. 183, §  1;  Code 1935, §  3861;  42 Del. Laws, c. 142, §  1;  12 Del. C. 1953, §  2101;  57 Del. Laws, c. 173;  59 Del. Laws, c. 384, §  1;  64 Del. Laws, c. 319, §  1;  66 Del. Laws, c. 374, §  2;  70 Del. Laws, c. 114, §  3;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 227, §  3;  77 Del. Laws, c. 229, §  1;
12 DE Code § 2103. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 21. Debts of and Claims Against Estate|§ 2103. Debts of which notice is presumed.

§ 2103. Debts of which notice is presumed. An executor or administrator shall be deemed to have notice only to mortgages (but not of the bonds accompanying such mortgages) and of such judgments as would be liens against real estate at the date of death of the decedent, which mortgages and judgments are of record in the county of this State in which letters were granted upon the estate of the decedent, unless there has been a failure to insert them in the general indices of the office wherein it is proper that they be recorded. Code 1852, §  1830;  Code 1915, §  3374;  38 Del. Laws, c. 181, §  1;  Code 1935, §  3839;  47 Del. Laws, c. 116, §  1;  12 Del. C. 1953, §  2103;  59 Del. Laws, c. 384, §  1;
12 DE Code § 2104. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 21. Debts of and Claims Against Estate|§ 2104. Manner of presentation of claims.

§ 2104. Manner of presentation of claims. Claims against a decedent's estate may be presented as follows:  (1) The claimant may deliver or mail to the personal representative a written statement of claim indicating its basis, the name and address of the claimant and the amount claimed, or may file a written statement of claim, in the form prescribed by rule of the Court of Chancery, with the Register of Wills. The claim is deemed presented on the first to occur of the receipt of the written statement of claim by the personal representative, or the filing of the claim with the Register of Wills. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to describe correctly the security, the nature of any uncertainty and the due date of a claim not yet due does not invalidate the presentation made. (2) The claimant may commence a proceeding against the personal representative in any court where the personal representative may be subject to jurisdiction, to obtain payment of the claim against the estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of the decedent's death.Code 1852, §§  1832-1835, 1837;  Code 1915, §§  3376, 3377;  Code 1935, §§  3841, 3842;  48 Del. Laws, c. 232, §  1;  12 Del. C. 1953, §  2104;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 2105. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 21. Debts of and Claims Against Estate|§ 2105. Order of preference of claims against estate.

§ 2105. Order of preference of claims against estate. (a) Executors and administrators after payment of all administration expenses, fees and commissions shall pay claims against the decedent in the following order:  (1) Surviving spouse's allowance as provided in § 2308 of this title; (2) Funeral expenses; (3) Child support arrears or retroactive support due as of the date of the decedent's death; (4) The reasonable bills for medicine and medical attendance during the last sickness and for nursing and necessaries for the last sickness of the decedent; (5) Wages of servants and laborers employed in household affairs or in the cultivation of a farm; but no servant or laborer shall be allowed this preference for more than 1 year's wages; (6) Taxes imposed by the State; (7) Rent for not exceeding 1 year; and this, at the election of the party entitled, may be of rent in arrear or rent growing due; (8) Judgments against the decedent, which shall include judgments before justices of the peace and decrees of a court of equity against the decedent for the payment of money; (9) Recognizances, mortgages and other obligations of record, for the payment of money; (10) Obligations and contracts under seal; (11) Contracts under hand for the payment of money, or delivery of goods, wares or merchandise; (12) Other demands. (b) No preference shall be given in the payment of any claims over any other claims of the same class, and a claim due and payable shall not be entitled to a preference over claims not due. Code 1852, §§  1819-1828;  12 Del. Laws, c. 13, §  1;  Code 1915, §  3372;  28 Del. Laws, c. 226, §  1;  Code 1935, §  3837;  41 Del. Laws, c. 191, §  4;  12 Del. C. 1953, §  2105;  50 Del. Laws, c. 425, §  1;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;  70 Del. Laws, c. 288, §  6;
12 DE Code § 2106. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 21. Debts of and Claims Against Estate|§ 2106. Petition to Court of Chancery to determine order of preference.

§ 2106. Petition to Court of Chancery to determine order of preference. Whenever an executor or administrator is unable to determine between 2 or more creditors the order of preference to be given to their respective demands, the executor or administrator may, upon petition to the Court of Chancery, have the parties in interest summoned to appear in the Court, and upon hearing duly had the Court shall determine the order of preference to be given to the respective demands of the creditors who may have been made parties to the proceeding. Upon compliance with such determination the petitioner and the petitioner's sureties shall be discharged from all further liability in respect to the preference made by the Court. Code 1915, §  3410A;  28 Del. Laws, c. 226, §  1;  Code 1935, §  3837;  41 Del. Laws, c. 191, §  4;  12 Del. C. 1953, §  2106;  57 Del. Laws, c. 402, §  3;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
12 DE Code § 2107. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 21. Debts of and Claims Against Estate|§ 2107. Payment of claims after 3 months without notice of claim of higher priority.

§ 2107. Payment of claims after 3 months without notice of claim of higher priority. If an executor or administrator, after the expiration of 3 months from the grant of letters, pays a claim of lower preference, before presentation pursuant to § 2104 of this title of a claim of a higher preference, such payment shall be allowed. Code 1852, §  1829;  Code 1915, §  3373;  Code 1935, §  3838;  12 Del. C. 1953, §  2107;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
12 DE Code § 2109. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 21. Debts of and Claims Against Estate|§ 2109. Barring of claims against estates when no letters have been granted within 10 years from death.

§ 2109. Barring of claims against estates when no letters have been granted within 10 years from death. If no letters have been granted upon the estate of any person within 10 years from the date of the person's death, all claims of creditors and persons otherwise beneficially interested in the estate, except those evidenced by mortgage or judgment which shall be controlled by the law applicable to mortgages and judgments as heretofore, shall be thereafter barred. 12 Del. C. 1953, §  2109;  52 Del. Laws, c. 333;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
12 DE Code § 2501. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 25. Register of Wills|§ 2501. Register of Wills is a Clerk of Court of Chancery.

§ 2501. Register of Wills is a Clerk of Court of Chancery. In performing the functions of the office, the Register of Wills of each county shall act only as a Clerk of the Court of Chancery. 59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
12 DE Code § 2502. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 25. Register of Wills|§ 2502. Powers.

§ 2502. Powers. (a) The Register of Wills shall have power to take acknowledgements, administer oaths, issue notices, certify and authenticate copies of instruments, documents and records of the Court and perform the usual functions of the Register's office. (b) If a matter is one with respect to which no notice is required by statute or rule of court to be given to any person then, except as otherwise provided in this title or by rule of court, the Register of Wills may hear and determine it and make all orders, adjudgments and decrees in connection therewith which the Court of Chancery could make, subject to being set aside or modified by the Court at any time within 30 days thereafter; and if not so set aside or modified such orders, adjudgments and decrees shall have the same effect as if made by the Court. (c) All actions commenced in the Court of Chancery shall be filed with the Register in Chancery, who shall have custody of the records thereof, as provided by the Rules of the Court of Chancery, notwithstanding that such action may be brought upon a cause of action previously within the cognizance of the Register of Wills. (d) Without limiting the generality of the foregoing, the Register of Wills shall have such further powers and duties as may be specifically conferred upon the Register by statute or by rule of the Court of Chancery. 59 Del. Laws, c. 384, §  1;  64 Del. Laws, c. 252, §  8;  70 Del Laws, c. 186,, §  1;
12 DE Code § 2503. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 25. Register of Wills|§ 2503. Commission to take deposition.

§ 2503. Commission to take deposition. (a) If the attendance of a witness to a will cannot be procured because of the witness' sickness, age, infirmity, imminent departure from the State, being beyond the reach of process or any other reason deemed satisfactory to the Register of Wills, the Register may award a commission to take the deposition of such witness. (b) The commission may be issued on interrogatories filed, or the Register may make any order deemed proper concerning the issuance or execution of the commission. Code 1852, §  1818;  Code 1915, §  3371;  Code 1935, §  3836;  12 Del. C. 1953, §  2503;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;