reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 6. DISCLAIMER › § 605. Power to disclaim; requisites and execution; when irrevocable.

§ 605. Power to disclaim; requisites and execution; when irrevocable.
(a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power notwithstanding any limitation under the terms of the instrument creating the interest in property or granting a power to the holder in the nature of a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.
(b) Except to the extent that a fiduciary's right to disclaim is expressly restricted or limited by another statute of this State or by the instrument creating the fiduciary relationship a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or in a fiduciary capacity. A fiduciary may disclaim an interest in property or power notwithstanding any limitation on the interest or power of the disclaimant in the nature of a spendthrift provision or similar restriction on transfer or a restriction or limitation on the disclaimant's right to disclaim under the instrument creating the interest or power in the disclaimant (which is distinct from the instrument creating the fiduciary relationship).
(c) To be effective, the disclaimer shall:
(1) Be in a writing;
(2) Declare the disclaimer and the extent thereof;
(3) Describe the interest or power disclaimed;
(4) Be signed either by:
a. The person making the disclaimer; or
b. Some person subscribing the name of the person making the disclaimer, in the person's presence and by such person's express direction in the presence of 2 or more witnesses competent to witness a will under Chapter 2 of this title; and
(5) Be delivered in the form and in the manner provided in § 612 of this title.
(d) A disclaimer may be of a part of an interest in property or power over property and may be expressed as a fractional share, a percentage, a term of years, a limitation of a power, an interest or estate in property, or any lesser included interest or estate in property, including a lesser included interest or estate having a specific monetary value.
(e) A disclaimer becomes irrevocable when it is delivered pursuant to § 612 of this title or when it becomes effective as provided in §§ 606-611 of this title, whichever occurs later.
(f) A disclaimer made under this chapter is not a transfer, assignment or release by the disclaimant.
63 Del. Laws, c. 448, §  1;  75 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 6. DISCLAIMER › § 606. Disclaimer of interest in property.

§ 606. Disclaimer of interest in property.
(a) Except for a disclaimer governed by § 607 or § 608 of this title, the following rules apply to a disclaimer of an interest in property:
(1) If the interest was created by an instrument, the disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, and the disclaimed interest passes as follows:
a. If the instrument creating the interest includes a provision providing for the disposition of the interest, if the interest is disclaimed, or of disclaimed interests in general, the interest passes according to the provisions in the instrument governing the disposition of the disclaimed interest.
b. If the instrument creating the interest does not include a provision described in paragraph (a)(1)a. of this section, if the disclaimant is an individual, the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution, and if the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist at the time of distribution.
c. If the disclaimant is an individual, and if, by law or under the provisions of the instrument creating the interest, the descendants of the disclaimant, or the descendants of any other individual, if applicable, would share in the disclaimed interest by any method of representation had the disclaimant died immediately before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant, or the descendants of the other applicable individual, who survive the time of distribution.
(2) If the interest in property being disclaimed arose under the law of intestate succession, the disclaimer takes effect as of the time of the intestate's death.
(3) If a disclaimant disclaims an interest in property preceding the future interest or interests of any person or persons in such property:
a. A future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution.
b. A future interest in the property held by the disclaimant that the disclaimant retained when disclaiming the preceding interest will not accelerate the disclaimant's possession or enjoyment of the future interest retained by the disclaimant.
(b) For the purposes of this section:
(1) “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of the creation of the interest.
(2) “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment.
63 Del. Laws, c. 448, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 6. DISCLAIMER › § 607. Disclaimer of rights of survivorship in jointly held property.

§ 607. Disclaimer of rights of survivorship in jointly held property.
(a) Upon the death of an owner of jointly held property:
(1) If, during the deceased owner's lifetime, the deceased owner could have unilaterally reacquired a portion of the property attributable to the deceased owner's contributions without the consent of the other owner or owners, a surviving owner may disclaim, in whole or in part, a fractional share of that portion of the property attributable to the deceased owner's contribution determined by dividing the number 1 by the number of joint owners alive immediately after the death of the owner to whose death the disclaimer relates.
(2) For all other jointly held property, an owner who survives a deceased owner may disclaim, in whole or part, a fraction of the whole of the property the numerator of which is 1 and the denominator of which is the product of:
a. The number of joint owners alive immediately before the death of the owner to whose death the disclaimer relates;
b. Multiplied by the number of joint owners alive immediately after the death of the owner to whose death the disclaimer relates.
(b) A disclaimer under subsection (a) of this section takes effect as of the death of the owner of jointly held property to whose death the disclaimer relates.
(c) An interest in jointly held property disclaimed by a surviving owner of the property passes as if the disclaimant predeceased the owner to whose death the disclaimer relates.
(d) Disclaimers of interests in property not governed by this section are governed by § 606 of this title.
63 Del. Laws, c. 448, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 6. DISCLAIMER › § 608. Disclaimer of interest by trustee.

§ 608. Disclaimer of interest by trustee.
Except as limited by § 3324(a) of this title, if a trustee disclaims an interest in property, as authorized under § 3325(1) of this title, that otherwise would have become trust property, the interest does not become trust property.
63 Del. Laws, c. 448, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 6. DISCLAIMER › § 609. Disclaimer of power held in fiduciary capacity.

§ 609. Disclaimer of power held in fiduciary capacity.
If a holder who is a fiduciary disclaims a power held in a fiduciary capacity, the following rules apply:
(1) If the fiduciary holder has not previously exercised the power held in a fiduciary capacity the disclaimer of the power takes effect as of the time the instrument creating the power becomes irrevocable.
(2) If the fiduciary holder has previously exercised the power held in a fiduciary capacity the disclaimer of the power takes effect immediately after the last exercise of the power.
(3) A disclaimer under this section is effective as to another fiduciary and is binding upon the estate, trust or other person for whom the fiduciary is acting as limited by Delaware law unless otherwise stated within the instrument.
63 Del. Laws, c. 448, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 6. DISCLAIMER › § 610. Disclaimer of power of appointment or other power not held in fiduciary capacity.

§ 610. Disclaimer of power of appointment or other power not held in fiduciary capacity.
If a holder that is not a fiduciary disclaims a power of appointment, whether such power is a general power of appointment or a power that is not a general power of appointment, or other power over a trust, granted to the nonfiduciary holder under the terms of an instrument, the following rules apply:
(1) If the holder has not previously exercised the power of appointment or the power over a trust, the disclaimer of a power of appointment or a power over a trust by a holder takes effect as of the time the instrument granting the power to the holder became or becomes irrevocable.
(2) If the holder has previously exercised a general power of appointment and the disclaimer is of the right to exercise such general power of appointment, whether or not the holder presently has the power to exercise such general power of appointment, the disclaimer of such power of appointment takes effect immediately after the last time the holder exercised such general power of appointment.
(3) If the holder has previously exercised a power of appointment and the disclaimer is of a power of appointment that is not a general power of appointment, whether or not the holder presently has the power to exercise such power of appointment, the disclaimer of such power of appointment takes effect immediately after the last time the holder exercised such power of appointment.
(4) If the holder has previously exercised a power over a trust and the disclaimer is of a power over a trust, whether or not the holder presently has the power to exercise such power over the trust, the disclaimer of the power over a trust takes effect immediately after the last time the holder exercised such power over the trust.
(5) The instrument granting the power of appointment or power over the trust to the holder shall be construed as if the power of the holder ceased to exist with respect to the power of appointment or power over the trust when the disclaimer became effective.
63 Del. Laws, c. 448, §  1;  75 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 6. DISCLAIMER › § 611. Disclaimer by appointee, permissible appointee, or taker in default of exercise of power of appointment.

§ 611. Disclaimer by appointee, permissible appointee, or taker in default of exercise of power of appointment.
(a) A disclaimer of an interest in property by an appointee of such interest in property as a result of an exercise of a power of appointment by a holder takes effect as of the time the instrument by which the holder exercised the power becomes irrevocable.
(b) A disclaimer of an interest in property by a permissible appointee of an interest in property or by a taker of an interest in property as a result of a holder's failure to effectively exercise a power of appointment granted to such holder (a taker in default) takes effect as of the time the instrument creating the power of appointment becomes irrevocable.
63 Del. Laws, c. 448, §  1;  75 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 6. DISCLAIMER › § 613. Disclaimers affecting real property.

§ 613. Disclaimers affecting real property.
If the property interest being disclaimed is an interest in real property, the disclaimer shall be acknowledged in the manner provided for deeds of real property. The disclaimer shall not be valid as against any person, except the beneficiary, the heirs and devisees of the beneficiary, and any other person having actual notice of the disclaimer, unless an original thereof, or an attested copy thereof if the original is required to be filed elsewhere, is recorded in the office for recording of deeds for the county or district in which the real property is located.
63 Del. Laws, c. 448, §  1;  70 Del Laws, c. 186,, §  1;  75 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 6. DISCLAIMER › § 614. When disclaimer barred or limited.

§ 614. When disclaimer barred or limited.
(a) A disclaimer is barred by a written waiver of the right to disclaim.
(b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(1) The disclaimant accepts the interest sought to be disclaimed;
(2) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so;
(3) A judicial sale of the interest sought to be disclaimed occurs.
(c) A disclaimer is barred or limited if so provided by law other than this chapter.
(d) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
(e) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.
63 Del. Laws, c. 448, §  1;  75 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 6. DISCLAIMER › § 615. Tax qualified disclaimer.

§ 615. Tax qualified disclaimer.
Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of the Code, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this chapter.
75 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 6. DISCLAIMER › § 616. Application to existing and expired relationships.

§ 616. Application to existing and expired relationships.
(a) Except as otherwise provided in § 614 of this title, an interest in or power over property existing on June 27, 2006, as to which the 9 months for receipt or filing a disclaimer under Delaware law superseded by this chapter has not expired may be disclaimed after June 27, 2006.
(b) Any interest in or power over property that has expired under Delaware law superseded by this chapter prior to June 27, 2006, shall remain expired.
63 Del. Laws, c. 448, §  1;  75 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 6. DISCLAIMER › § 617. Severability clause.

§ 617. Severability clause.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given affect without the invalid provision or application, and to this end the provisions of this chapter are severable.
75 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 7. SIMULTANEOUS DEATH › § 701. Insufficient evidence of survivorship.

§ 701. Insufficient evidence of survivorship.
Where the title to property or the devolution thereof depends upon priority of death and there is not sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if each person had survived, except as otherwise provided in this chapter.
45 Del. Laws, c. 234, §  1;  12 Del. C. 1953, §  701;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 7. SIMULTANEOUS DEATH › § 702. Beneficiaries of another person's disposition of property.

§ 702. Beneficiaries of another person's disposition of property.
Where 2 or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
45 Del. Laws, c. 234, §  2;  12 Del. C. 1953, §  702;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 7. SIMULTANEOUS DEATH › § 703. Joint tenants or tenants by the entirety.

§ 703. Joint tenants or tenants by the entirety.
Where there is no sufficient evidence that 2 joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed one half as if 1 had survived and one half as if the other had survived. If there are more than 2 joint tenants and all of them have so died, the property thus distributed shall be in the proportion that 1 bears to the whole number of joint tenants.
45 Del. Laws, c. 234, §  3;  12 Del. C. 1953, §  703;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 7. SIMULTANEOUS DEATH › § 704. Insurance policies.

§ 704. Insurance policies.
Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
45 Del. Laws, c. 234, §  4;  12 Del. C. 1953, §  704;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 7. SIMULTANEOUS DEATH › § 705. Retroactive effect of chapter.

§ 705. Retroactive effect of chapter.
This chapter shall not apply to the distribution of the property of a person who died before April 18, 1945.
45 Del. Laws, c. 234, §  5;  12 Del. C. 1953, §  705;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 7. SIMULTANEOUS DEATH › § 706. Application of chapter.

§ 706. Application of chapter.
This chapter shall not apply in the case of wills, living trusts, deeds or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this chapter.
45 Del. Laws, c. 234, §  6;  12 Del. C. 1953, §  706;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 7. SIMULTANEOUS DEATH › § 707. Uniformity of interpretation.

§ 707. Uniformity of interpretation.
This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.
45 Del. Laws, c. 234, §  7;  12 Del. C. 1953, §  707;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 8. UNIFORM TOD SECURITY REGISTRATION ACT › § 801. Definitions.

§ 801. Definitions.
In this chapter, unless the context otherwise requires:
(1) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
(2) “Devisee” means any person designated in a will to receive a disposition of real or personal property.
(3) “Heirs” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.
(4) “Person” means an individual, a corporation, an organization or other legal entity.
(5) “Personal representative” includes executor, administrator, successor personal representative, special administrator and persons who perform substantially the same function under the law governing their status.
(6) “Property” includes both real and personal property or any interest therein and means anything that may be the subject of ownership.
(7) “Register,” including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(8) “Registering entity” means a person who originates or transfers a security title by registration and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(9) “Security” means a share, participation or other interest in property, in a business or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security and a security account.
(10) “Security account” means:
a. A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings or dividends earned or declared on a security in an account, a reinvestment account or a brokerage account, whether or not credited to the account before the owner's death, or
b. A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
(11) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States.
70 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 8. UNIFORM TOD SECURITY REGISTRATION ACT › § 802. Registration in beneficiary form — sole or joint tenancy ownership.

§ 802. Registration in beneficiary form — sole or joint tenancy ownership.
Only individuals whose registration of a security shows sole ownership by 1 individual or multiple ownership by 2 or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties or as owners of community property held in survivorship form and not as tenants in common.
70 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 8. UNIFORM TOD SECURITY REGISTRATION ACT › § 803. Registration in beneficiary form — applicable law.

§ 803. Registration in beneficiary form — applicable law.
A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
70 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 8. UNIFORM TOD SECURITY REGISTRATION ACT › § 804. Origination of registration in beneficiary form.

§ 804. Origination of registration in beneficiary form.
A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
70 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 8. UNIFORM TOD SECURITY REGISTRATION ACT › § 805. Form of registration in beneficiary form.

§ 805. Form of registration in beneficiary form.
Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD” or by the words “pay on death” or the abbreviation “POD” after the name of the registered owner and before the name of a beneficiary.
70 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 8. UNIFORM TOD SECURITY REGISTRATION ACT › § 806. Effect of registration in beneficiary form.

§ 806. Effect of registration in beneficiary form.
The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
70 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 8. UNIFORM TOD SECURITY REGISTRATION ACT › § 807. Ownership on death of owner.

§ 807. Ownership on death of owner.
On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
70 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 8. UNIFORM TOD SECURITY REGISTRATION ACT › § 808. Protection of registering entity.

§ 808. Protection of registering entity.
(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this chapter.
(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on the death of the deceased owner as provided in this chapter.
(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with § 807 of this title and does so in good faith reliance (i) on the registration, (ii) on this chapter, and (iii) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives or other information available to the registering entity. The protections of this chapter do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this chapter.
(d) The protection provided by this chapter to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
70 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 8. UNIFORM TOD SECURITY REGISTRATION ACT › § 809. Nontestamentary transfer on death.

§ 809. Nontestamentary transfer on death.
(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this chapter and is not testamentary.
(b) This chapter does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this State.
70 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 8. UNIFORM TOD SECURITY REGISTRATION ACT › § 810. Terms, conditions, and forms for registration.

§ 810. Terms, conditions, and forms for registration.
(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for “lineal descendants per stirpes.” This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on 1 or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.
(b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize:
(1) Sole owner-sole beneficiary:
John S. Brown TOD (or POD) John S. Brown, Jr.
(2) Multiple owners-sole beneficiary:
John S. Brown, Mary B. Brown, JT TEN TOD John S. Brown, Jr.
(3) Multiple owners-primary and secondary (substituted) beneficiaries:
John S. Brown, Mary B. Brown, JT TEN TOD John S. Brown, Jr. SUB BENE Peter Q. Brown or John S. Brown, Mary B. Brown JT TEN TOD John S. Brown, Jr. LDPS.
70 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 8. UNIFORM TOD SECURITY REGISTRATION ACT › § 812. Application of chapter.

§ 812. Application of chapter.
This chapter applies to registrations of securities in beneficiary form made before or after June 26, 1996, by decedents dying on or after June 26, 1996.
70 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 9. ELECTIVE SHARE › § 901. Right to elective share.

§ 901. Right to elective share.
(a) If a married person domiciled in this State dies, the surviving spouse has a right of election to take an elective share of an amount equal to one third of the elective estate, less the amount of all transfers to the surviving spouse by the decedent, under the limitations and conditions hereinafter stated. The elective share may be satisfied in cash or in kind, or partly in each. Assets distributed in satisfaction of the elective share shall be valued at date of distribution.
(b) In determining the elective share under subsection (a) of this section or in the case of the death of a married person not domiciled in this State, the right, if any, of the surviving spouse to take an elective share in real or tangible personal property shall be governed by the law of the situs of such property.
59 Del. Laws, c. 384, §  1;  65 Del. Laws, c. 428, §  1;  67 Del. Laws, c. 240, §  1;  74 Del. Laws, c. 271, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 9. ELECTIVE SHARE › § 902. Elective estate defined.

§ 902. Elective estate defined.
(a) The elective estate means the amount of the decedent's gross estate for federal estate tax purposes, regardless of whether or not a federal estate tax return is filed for the decedent, modified as follows:
(1) Less those deductions allowable under §§ 2053 and 2054 of the Internal Revenue Code of 1986, as amended [26 U.S.C. §§ 2053 and 2054], or the comparable provisions of any later law (“the Code”); and
(2) The extent of the inclusion in the decedent's gross estate for federal estate tax purposes of certain joint interests of the decedent and the surviving spouse under § 2040(b) of the Code [26 U.S.C. § 2040(b)] shall be modified as follows:
the decedent's gross estate for federal estate tax purposes shall include one half of any interest in property created at any time, including interests created before January 1, 1977, held by the decedent and the surviving spouse as:
a. Tenants by the entirety, or
b. Joint tenants with right of survivorship, but only if the decedent and the surviving spouse are the only joint tenants.
(b) For purposes of this chapter, if the federal estate tax is not applicable, because of its permanent or temporary repeal, to the estates of persons dying on the date of the decedent's death, any reference in this chapter to “the Code” as defined in paragraph (a)(1) of this section, “federal estate tax purposes,” and to other terms dependent upon the federal estate tax provisions of the Code shall be deemed to refer to the provisions of the Code in effect on the last date on which the federal estate tax was applicable to the estates of persons dying before the date of the decedent's death.
(c) In every case where an elective share petition has been filed, the personal representative of the estate shall prepare a Form 706 (United States Estate Tax Return) for the estate, regardless of whether such form is required to be filed. If such form is not required to be filed because of the permanent or temporary repeal of the federal estate tax, the personal representative shall use in such preparation the Form 706, or its equivalent form, last authorized by the Internal Revenue Service before the repeal became effective. A copy of the form must be provided to the surviving spouse by the latest of the following dates:
(1) The due date for the Form 706, as extended;
(2) If a Form 706 or an equivalent form is not required to be filed, whether or not because of the permanent or temporary repeal of the federal estate tax, 15 months from the date of the decedent's death; or
(3) Three months after the elective share petition has been timely filed.
59 Del. Laws, c. 384, §  1;  67 Del. Laws, c. 240, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 353, §  3;  76 Del. Laws, c. 150, §§  1-3;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 9. ELECTIVE SHARE › § 904. Right of election personal to surviving spouse.

§ 904. Right of election personal to surviving spouse.
The right of election of the surviving spouse may be exercised only during the spouse's lifetime; provided the personal representative of the spouse's estate shall succeed to the surviving spouse's rights under a right of election exercised by the spouse. In the case of a protected person, the right of election may be exercised only by order of the court in which protective proceedings as to the protected person's property are pending, after finding that exercise is necessary to provide adequate support for the protected person during a probable life expectancy. For purposes of this section a “protected person” is a minor or other person for whom a guardian or trustee has been appointed or other protective order has been made.
59 Del. Laws, c. 384, §  1;  67 Del. Laws, c. 240, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 9. ELECTIVE SHARE › § 905. Waiver of right to elect and of other rights.

§ 905. Waiver of right to elect and of other rights.
The right of election of a surviving spouse may be waived, wholly or partially, before or after marriage, by a written contract, agreement or waiver signed by the party waiving. Unless it provides to the contrary, a waiver of “all rights” (or equivalent language) in the property or estate of a present or prospective spouse or a complete property settlement entered into, after or in anticipation of separation or divorce is a waiver of all rights to the elective share by each spouse in the property of the other and a renunciation by each of all benefits which would otherwise pass to each from the other by intestate succession or by virtue of any will executed before the waiver or property settlement.
59 Del. Laws, c. 384, §  1;  67 Del. Laws, c. 240, §  5;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 9. ELECTIVE SHARE › § 906. Proceeding for elective share; time limit.

§ 906. Proceeding for elective share; time limit.
(a) The surviving spouse may elect to take an elective share in the elective estate by filing in the Court of Chancery and mailing or delivering to the personal representative a petition for the elective share within 6 months after the grant of letters testamentary or of administration. The Court, upon petition, may extend the time for election as it sees fit for cause shown by the surviving spouse before the time for election has expired.
(b) The surviving spouse shall give at least 10 days' notice by certified mail of the time and place set for hearing to persons interested in the estate and to the distributees and recipients of portions of the elective estate whose interests will be adversely affected by the taking of the elective share.
(c) The surviving spouse may withdraw demand for an elective share at any time before entry of a final determination by the Court of Chancery.
(d) After notice and hearing, the Court of Chancery shall determine the amount of the elective share and shall enter a judgment and order apportioning the liability for the amount of the elective share among the recipients of the contributing estate and directing payment of such liability as provided in § 908(a) of this title. If it appears that a fund or property included in the elective estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the Court nevertheless shall fix the liability of any person who has any interest in the property or who has possession thereof, whether as trustee or otherwise.
(e) The order or judgment of the Court of Chancery may be enforced as necessary in suit for contribution or payment in other courts of this State or other jurisdictions.
(f) The Court of Chancery on petition of a surviving spouse may restrain any person from making a payment or transfer of property which constitutes part of the contributing estate, either before or after a petition for an elective share is filed.
(g) No transferee of, or holder of a lien against, real property comprising part of the contributing estate shall be liable to a surviving spouse if the transferee or lienholder has given bona fide consideration to the recipient of such real property from the decedent unless a certified copy of the judgment, order or decree of the Court of Chancery providing to the contrary with respect to such real property has been recorded in the office for the recording of deeds in the county where the real property is located prior to the recordation of the deed, mortgage or other instrument transferring, or creating the lien against, such real property. The recording of any such judgment, order or decree shall be indexed in the grantor's index under the names of the decedent and the recipient of such real property from the decedent.
59 Del. Laws, c. 384, §  1;  67 Del. Laws, c. 240, §  6;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 9. ELECTIVE SHARE › § 907. Effect of election on benefits derived from decedent.

§ 907. Effect of election on benefits derived from decedent.
(a) The surviving spouse's election of an elective share does not affect the share of the surviving spouse under any provisions made for the surviving spouse under the decedent's will, any trust established by the decedent, or the intestate succession laws unless the surviving spouse also either expressly disclaims the benefit of all or any of the provisions in accordance with Chapter 6 of this title, or expressly renounces in the petition for an elective share the benefit of all or any of the provisions. If any provision is so disclaimed or renounced, the property or other benefit which would otherwise have passed to the surviving spouse thereunder is treated, subject to contribution under § 908(a) of this title, as if the surviving spouse had predeceased the decedent for all purposes, except that such property or other benefit disclaimed or renounced by the surviving spouse shall nonetheless be deemed to be property transferred to the surviving spouse by the decedent to the extent specified in §§ 903 and 901(a) of this title.
(b) A surviving spouse is entitled to the surviving spouse's allowance whether or not the surviving spouse elects to take an elective share.
59 Del. Laws, c. 384, §  1;  67 Del. Laws, c. 240, §  7;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 98, §  2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 9. ELECTIVE SHARE › § 908. Liability for elective share.

§ 908. Liability for elective share.
(a) The liability for the amount of the elective share shall be apportioned among the recipients of “the decedent's contributing estate” (as defined in subsection (b) of this section). Such apportionment shall be made in the proportion, as near as may be, that the value of the property of each such recipient bears to the total value of the property received by all such recipients interested in the contributing estate, provided that in any case where a person is given an interest in income or an estate for years, or for life, or other temporary interest in any property, the liability for the elective share on both such temporary interest and on the remainder thereafter shall not be apportioned between or among the recipients of such interest but shall be charged in rem against and paid out of the corpus of such property without apportionment between remainders and temporary estates. Until it is paid or satisfied the surviving spouse's elective share shall be a proportionate charge against the properties constituting the decedent's contributing estate based upon the values of all such property for purposes of determining the elective estate. No person or property shall be liable for contribution in any greater amount than the person or such property would have been if relief had been secured against all persons and property subject to contribution.
(b) For purposes of this section, the decedent's contributing estate consists of only that portion of the elective estate of which the decedent was the sole owner at death and which was not transferred or deemed transferred to a surviving spouse by the decedent as described in § 903(1) of this title. The decedent's contributing estate does not include any jointly owned property with the right of survivorship of which the decedent was a joint owner, any insurance proceeds which are payable to a beneficiary other than to the estate, or any property held in trust.
(c) A recipient of property comprising part of the contributing estate may pay a proportionate elective share liability with respect to such property or may choose to give up such property, thereby relieving personal liability. If a recipient elects to give up such property the recipient shall be entitled to any value realized upon the sale or other disposition of such property in excess of the recipient's proportionate elective share liability.
59 Del. Laws, c. 384, §  1;  67 Del. Laws, c. 240, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter I. Intestate Property › § 1101. Escheat of estates.

§ 1101. Escheat of estates.
If any person, being at the time of death seized or possessed of any real or personal estate within this State, dies intestate, without heirs or any known kindred who can inherit and hold the intestate's estate, such estate is escheat to the State, subject to all legal demands on the same.
Code 1852, §  1587;  Code 1915, §  123;  Code 1935, §  112;  42 Del. Laws, c. 57, §  1;  12 Del. C. 1953, §  1101;  49 Del. Laws, c. 51;  60 Del. Laws, c. 292, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter I. Intestate Property › § 1102. Escheator of the State [For application of this section, see 83 Del. Laws, c. 59, § 25.].

§ 1102. Escheator of the State [For application of this section, see 83 Del. Laws, c. 59, § 25.].
There shall be an Escheator of the State, who shall be the Secretary of Finance or the Secretary's delegate. The administration and enforcement of this chapter, including verification of completeness and accuracy of records relating to unclaimed property, are vested in the Secretary of Finance or the Secretary's delegate.
Code 1852, §  1588;  Code 1915, §  124;  Code 1935, §  113;  42 Del. Laws, c. 57, §  1;  12 Del. C. 1953, §  1102;  57 Del. Laws, c. 741, §  48A;  60 Del. Laws, c. 292, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 1, § 1;  83 Del. Laws, c. 59, § 1;