reglab/statecodes huggingface dataset:
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 15. LETTERS TESTAMENTARY AND LETTERS OF ADMINISTRATION › Subchapter V. Foreign Representatives › § 1573. Authentication and recognition of acknowledgements.

§ 1573. Authentication and recognition of acknowledgements.
The authentication and recognition of the acknowledgement of a foreign notary public or other officer on an instrument necessary under this chapter shall be in accordance with subchapter II of Chapter 43 of Title 29.
63 Del. Laws, c. 61, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 17. ABSENTEES; PRESUMED DECEDENTS › § 1701. Presumption of death.

§ 1701. Presumption of death.
(a) When the death of a person or the date thereof is in issue, the unexplained absence from the last known place of residence and the fact that the person has been unheard of for 7 years may be a sufficient ground for finding that the person died 7 years after the person was last heard of.
(b) The fact that a person was exposed to a specific peril of death may be sufficient ground for finding that the person died less than 7 years after the person was last heard of.
(c) A written finding of missing in action or presumed death made by the Secretary of the Army, the Secretary of the Navy or other officer or employee of the United States authorized to make such finding pursuant to the Federal Missing Persons Act (37 U.S.C. § 551 et seq.), as now or hereafter amended, or a duly certified copy of such finding shall be received in any court, office or other place in this State as prima facie evidence of the death of the person therein found to be missing in action or dead, and the date, circumstances and place of disappearance.
59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 17. ABSENTEES; PRESUMED DECEDENTS › § 1702. Petition for adjudication of presumed death; notice of hearing.

§ 1702. Petition for adjudication of presumed death; notice of hearing.
(a) Whenever any person is presumed to be dead on account of absence for 7 years or more, exposure to specific peril or pursuant to a finding under Federal Missing Persons Act (37 U.S.C. § 551 et seq.), whether such person was domiciled within this State or in some other state, territory or possession of the United States or in any foreign country, any person entitled under the last will and testament of such presumed decedent or under the intestate laws to any share of the estate within this State, or under any deed, will or other instrument in writing or in any other way, method or manner to any share or interest in any estate held by or for such presumed decedent for years or for the term of natural life, or the Escheator for the State or any creditor of the presumed decedent, may present a petition to the Court of Chancery, setting forth the facts which raise the presumption and praying for an adjudication thereon declaring such person to be presumed to be deceased.
(b) The Court of Chancery, if satisfied as to the interest of the petitioner, shall cause to be advertised in a newspaper of general circulation in the county of the principal residence of the presumed decedent (or if nonresident then in such county as the Court shall direct), once a week for 3 consecutive weeks, together with such other advertisement as the Court, according to the circumstances of the case, deems expedient or advisable, the fact of such application, together with notice that on a day certain, which shall be at least 2 weeks after the last appearance of the advertisement, the Court shall hear evidence concerning the alleged absence of the presumed decedent and the circumstances and duration thereof.
16 Del. Laws, c. 132, §§  1, 2;  Code 1915, §  3361;  Code 1935, §  3826;  42 Del. Laws, c. 140, §  1;  12 Del. C. 1953, §  1701;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 17. ABSENTEES; PRESUMED DECEDENTS › § 1703. Petition for ancillary letters on estate of nondomiciliary presumed decedent; notice of hearing.

§ 1703. Petition for ancillary letters on estate of nondomiciliary presumed decedent; notice of hearing.
(a) Whenever letters of administration or letters testamentary have been granted in any other state, territory or possession of the United States, or in any foreign country, on the estate of a domiciliary thereof, presumed to be dead, the person to whom such letters have been granted may present a petition to the Court of Chancery, accompanied by a complete exemplification of the record of the grant of such letters, praying for the grant of ancillary letters testamentary or of administration upon the estate of such presumed decedent, situate, owing or belonging to the decedent within this State.
(b) The Court of Chancery, if satisfied that the person proposed in such petition would be a fit person to whom such letters might be issued, shall cause publication to be made, in the manner and for the period as provided in § 1702 of this title, of the fact of such application, together with notice that on a day certain, which shall be at least 2 weeks after the last appearance of the advertisement, the Court of Chancery shall hear evidence concerning the alleged absence of the presumed decedent and the circumstances and duration thereof.
16 Del. Laws, c. 132, §§  1, 2;  Code 1915, §  3361;  Code 1935, §  3826;  42 Del. Laws, c. 140, §  1;  12 Del. C. 1953, §  1702;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 17. ABSENTEES; PRESUMED DECEDENTS › § 1704. Hearing; competency of witnesses.

§ 1704. Hearing; competency of witnesses.
At the hearing in either of the cases provided for in § § 1702 and 1703 of this title, the Court of Chancery shall take such legal evidence as shall be offered, for the purpose of ascertaining whether the presumption of death is established; or it may appoint a Magistrate to take such testimony, and report the findings thereon. No person shall be disqualified to testify by reason of relationship as spouse to the presumed decedent, or of interest in the estate of the presumed decedent.
16 Del. Laws, c. 132, §§  1, 2;  Code 1915, §  3361;  Code 1935, §  3826;  42 Del. Laws, c. 140, §  1;  12 Del. C. 1953, §  1703;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 101, § 8;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 17. ABSENTEES; PRESUMED DECEDENTS › § 1705. Search for absentee.

§ 1705. Search for absentee.
The Court of Chancery, on its own motion or upon the application of any party in interest, may appoint a Magistrate, investigator or appropriate agency to search for the presumed decedent in any manner which the Court shall deem appropriate, and the expenses of such search shall be paid out of the property of the absentee.
59 Del. Laws, c. 384, §  1;  84 Del. Laws, c. 101, § 9;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 17. ABSENTEES; PRESUMED DECEDENTS › § 1706. Decree of presumed death; admission of will to probate and grant of letters.

§ 1706. Decree of presumed death; admission of will to probate and grant of letters.
(a) If satisfied, upon the hearing, or upon the report of a Magistrate, that the death of the presumed decedent has been established, the Court of Chancery shall so decree, and the Court shall determine in such decree the date of such death.
(b) The Register of Wills shall issue letters of administration to the person thereto entitled, or receive for probate the last will and testament of such presumed decedent, and, if duly proved, admit the same to probate and issue letters testamentary thereunder. The letters, until revoked, and all acts done in pursuance thereof and in reliance thereon shall be as valid as if the presumed decedent were actually dead.
16 Del. Laws, c. 132, §§  1, 2;  Code 1915, §  3361;  Code 1935, §  3826;  42 Del. Laws, c. 140, §  1;  12 Del. C. 1953, §§  1704, 1705;  59 Del. Laws, c. 384, §  1;  84 Del. Laws, c. 101, § 10;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 17. ABSENTEES; PRESUMED DECEDENTS › § 1707. Title to real estate of presumed decedent; recording of decree.

§ 1707. Title to real estate of presumed decedent; recording of decree.
(a) Whenever the Court of Chancery enters a decree that the presumption of death of any person has been established, the real estate of the presumed decedent shall pass and devolve as in the case of actual death, and the person entitled by will or under the intestate laws may enter and take possession. In case the presumption of death is thereafter rebutted by adequate proof that the presumed decedent is in fact alive, and the decree is vacated, the real estate shall revert to the person erroneously presumed decedent as fully as though such decree had never been entered, subject, however, to subsection (b) of this section and to payment of the costs and expenses of the proceedings and advertisement.
(b) The decree may be recorded in the office of the Recorder of Deeds of the proper county, in the deed book, and shall be indexed by the Recorder in the grantors' index under the names of the persons taking the real estate; and if so recorded, and the persons taking the real estate sell or mortgage the same, the purchaser or mortgagee shall take a good title or security interest, free and discharged of any interest or claim of the presumed decedent.
16 Del. Laws, c. 132, §§  1, 2;  Code 1915, §  3361;  Code 1935, §  3826;  42 Del. Laws, c. 140, §  1;  12 Del. C. 1953, §  1706;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 17. ABSENTEES; PRESUMED DECEDENTS › § 1708. Duties of executor or administrator.

§ 1708. Duties of executor or administrator.
The executor or administrator to whom letters have been issued upon the estate of a presumed decedent shall administer the estate in the same manner and with the same effect as the same would be administered under existing laws of this State if the presumed decedent were in fact dead.
16 Del. Laws, c. 132, §§  1, 2;  Code 1915, §  3361;  Code 1935, §  3826;  42 Del. Laws, c. 140, §  1;  12 Del. C. 1953, §  1707;  59 Del. Laws, c. 384, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 17. ABSENTEES; PRESUMED DECEDENTS › § 1709. Security given by beneficiaries.

§ 1709. Security given by beneficiaries.
(a) Before any distribution is made of the assets of the estate of the presumed decedent or before the decree is recorded in the office of the Recorder of Deeds as provided in § 1707(b) of this title, the persons, other than creditors, entitled to receive the same, shall, respectively give sufficient real or personal security, to be approved by the Court of Chancery, in such sum and form as the Court directs, with condition that, if the presumed decedent shall in fact be at the time alive, they will respectively refund the assets received by each, on demand.
(b) If any person entitled to receive assets refuses or neglects, or is unable to enter such security, the Court of Chancery may, upon petition of any person interested, and upon due notice to all persons interested, so far as such notice can reasonably be given, appoint a suitable person or corporation as trustee to receive and hold the share of the distributee refusing or neglecting, or being unable to enter security until further order of the Court. Such trustee shall not be an insurer of the trust fund, and shall be liable to the person interested therein only for such care, prudence and diligence in the execution of the trust as trustees are liable for.
(c) If the Court of Chancery shall be satisfied, from the evidence at the hearing to ascertain whether the presumption of death is established, or from the report of the Magistrate, that there is no likelihood of the presumed decedent's being still alive, then the Court may accept refunding bonds from the distributees of the presumed decedent's estate without requiring sureties thereon.
16 Del. Laws, c. 132, §§  1, 2;  Code 1915, §  3361;  Code 1935, §  3826;  42 Del. Laws, c. 140, §  1;  12 Del. C. 1953, §  1708;  59 Del. Laws, c. 384, §  1;  84 Del. Laws, c. 101, § 11;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 17. ABSENTEES; PRESUMED DECEDENTS › § 1710. Revocation of letters and vacation of decree of presumed death — Effect generally.

§ 1710. Revocation of letters and vacation of decree of presumed death — Effect generally.
The Court of Chancery may revoke the letters and vacate the decree that the presumption of death has been established, at any time, on due and satisfactory proof that the presumed decedent is in fact alive. After such revocation all the powers of the executor or administrator shall cease, but all receipts or disbursements of assets, and other acts previously done by the executor or administrator, shall remain as valid as if the letters were unrevoked. The executor or administrator shall settle an account of administration down to the time of such revocation, and shall transfer all assets remaining to the person as whose executor or administrator the executor or administrator acted, or to a duly authorized agent or attorney. Nothing contained in this chapter shall validate the title of any person to any money or property received as surviving spouse, next of kin, heir, legatee or devisee of such presumed decedent, but the same may be recovered from such person in all cases in which such recovery would be had if this chapter had not been passed.
16 Del. Laws, c. 132, §§  1, 2;  Code 1915, §  3361;  Code 1935, §  3826;  42 Del. Laws, c. 140, §  1;  12 Del. C. 1953, §  1709;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 17. ABSENTEES; PRESUMED DECEDENTS › § 1711. Revocation of letters and vacation of decree of presumed death — Effect upon pending actions and upon judgments rendered.

§ 1711. Revocation of letters and vacation of decree of presumed death — Effect upon pending actions and upon judgments rendered.
After revocation of the letters, and vacation of the decree that the presumption of death has been established, the person erroneously presumed to be dead may, on the suggestion filed of record of the proper facts, be substituted as plaintiff or petitioner in all actions or proceedings at law or in equity brought by the executor or administrator, whether prosecuted to judgment or decree, or otherwise; the person erroneously presumed to be dead may, in all actions or proceedings previously brought against the executor or administrator, be substituted as defendant or respondent, on proper suggestion filed by the person erroneously presumed to be dead, or by proper service of writ or other process, but shall not be compelled to go to trial in less than 3 months from the time of such suggestion filed or process served. Judgments or decrees recovered against the executor or administrator before revocation and vacation of the letters and decree may be opened on application by the presumed decedent, made within 3 months from the revocation, and supported by affidavit denying specifically, on the knowledge of the affiant, the cause of action, or specifically alleging the existence of facts which would be a valid defense; but, if within 3 months, such application shall not be made, or being made the facts exhibited shall be adjudged an insufficient defense, the judgment or decree shall be conclusive to all intents, saving the defendant's right to have it reviewed as in other cases on appeal. Notwithstanding the substitution of the presumed decedent as defendant in any judgment or decree, it shall continue as a lien upon the presumed decedent's real estate in the county, as other judgments.
16 Del. Laws, c. 132, §§  1, 2;  Code 1915, §  3361;  Code 1935, §  3826;  42 Del. Laws, c. 140, §  1;  12 Del. C. 1953, §  1710;  57 Del. Laws, c. 402, §  3;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 17. ABSENTEES; PRESUMED DECEDENTS › § 1712. Probate of will produced after issuance of letters; effect upon prior administration.

§ 1712. Probate of will produced after issuance of letters; effect upon prior administration.
(a) Whenever letters testamentary or of administration shall be issued upon the estate of any person presumed to be dead, in accordance with this chapter, the person having custody of any will which may have been left by such presumed decedent, in case letters of administration have been issued, or of any later will, in case letters testamentary have been issued, or any creditor of any person interested in the estate, may file a petition with the Court of Chancery in which the proceedings to establish the death by presumption have been held, setting forth the facts of the case, a copy of the will or later will, or an averment that such will exists, and the names of all persons interested in the estate of the presumed decedent.
(b) Upon the filing of such petition the Court of Chancery shall issue a citation to the person to whom letters of administration or letters testamentary have been issued, and to all persons interested in the estate of the presumed decedent, to appear upon a day fixed, and to show cause why the alleged will or later will should not be admitted to probate.
(c) Upon the return of the citation, if the Court of Chancery shall be satisfied from all the evidence that may be adduced that the proposed will was, in fact, the last will and testament made by the presumed decedent before the departure or disappearance from the residence, the will shall be admitted to probate as if the testator were in fact dead. If, upon such probate, it appears that an executor is named in the will, the letters of administration previously granted shall be revoked, and letters testamentary shall be issued to the executor, in the same manner and form as if the testator were in fact dead; but, if no executor shall be named in such will, then a certified copy of the will shall be attached to the letters of administration theretofore issued, or to a certified copy of such letters. Thereafter the executor or administrator shall execute the will according to its terms, and all property of the decedent shall be distributed and passed as provided by the will to the several legatees and devisees named therein. In case an earlier will shall have been admitted to probate, the letters testamentary issued thereunder shall be revoked, and letters shall be issued under the last will, or if no executor shall be named in the last will, then letters of administration with the will annexed shall be issued to the person entitled thereto. All the previous lawful acts of the removed executor or administrator shall be valid as provided in § 1545 of this title.
16 Del. Laws, c. 132, §§  1, 2;  Code 1915, §  3361;  Code 1935, §  3826;  42 Del. Laws, c. 140, §  1;  12 Del. C. 1953, §  1711;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 17. ABSENTEES; PRESUMED DECEDENTS › § 1713. Costs.

§ 1713. Costs.
The costs attending the issuance or revocation of letters shall be paid out of the estate of the presumed decedent, and costs arising upon an application for letters which shall not be granted shall be paid by the applicant.
16 Del. Laws, c. 132, §§  1, 2;  Code 1915, §  3361;  Code 1935, §  3826;  42 Del. Laws, c. 140, §  1;  12 Del. C. 1953, §  1712;  59 Del. Laws, c. 384, §  1;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;