Delaware Code — 12
Browse 257 sections in division 12 of the Delaware code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 101. Definitions.
- § 501. Intestate estate.
- § 502. Share of spouse.
- § 503. Share of heirs other than surviving spouse.
- § 504. Requirement that heir survive decedent for 120 hours.
- § 505. Posthumous children.
- § 506. Kindred of half blood.
- § 507. Alienage.
- § 508. Meaning of “child” and related terms for purposes of intestate succession.
- § 509. Advancements.
- § 510. Debts owed to decedent.
- § 511. Dower and curtesy abolished.
- § 601. Short title.
- § 602. Definitions.
- § 603. Scope; property subject to disclaimer.
- § 604. Chapter supplemented by other law; chapter not exclusive.
- § 605. Power to disclaim; requisites and execution; when irrevocable.
- § 606. Disclaimer of interest in property.
- § 607. Disclaimer of rights of survivorship in jointly held property.
- § 608. Disclaimer of interest by trustee.
- § 609. Disclaimer of power held in fiduciary capacity.
- § 610. Disclaimer of power of appointment or other power not held in fiduciary capacity.
- § 611. Disclaimer by appointee, permissible appointee, or taker in default of exercise of power of appointment.
- § 612. Delivery and recording requirements.
- § 613. Disclaimers affecting real property.
- § 614. When disclaimer barred or limited.
- § 615. Tax qualified disclaimer.
- § 616. Application to existing and expired relationships.
- § 617. Severability clause.
- § 701. Insufficient evidence of survivorship.
- § 702. Beneficiaries of another person’s disposition of property.
- § 703. Joint tenants or tenants by the entirety.
- § 704. Insurance policies.
- § 705. Retroactive effect of chapter.
- § 706. Application of chapter.
- § 707. Uniformity of interpretation.
- § 801. Definitions.
- § 802. Registration in beneficiary form — sole or joint tenancy ownership.
- § 803. Registration in beneficiary form — applicable law.
- § 804. Origination of registration in beneficiary form.
- § 805. Form of registration in beneficiary form.
- § 806. Effect of registration in beneficiary form.
- § 807. Ownership on death of owner.
- § 808. Protection of registering entity.
- § 809. Nontestamentary transfer on death.
- § 810. Terms, conditions, and forms for registration.
- § 811. Short title.
- § 812. Application of chapter.
- § 901. Right to elective share.
- § 902. Elective estate defined.
- § 903. Transfers to surviving spouse by decedent.
- § 904. Right of election personal to surviving spouse.
- § 905. Waiver of right to elect and of other rights.
- § 906. Proceeding for elective share; time limit.
- § 907. Effect of election on benefits derived from decedent.
- § 908. Liability for elective share.
- § 1301. Production of will; liability.
- § 1302. Proving will.
- § 1303. Notice and subpoena to persons interested.
- § 1304. Unavailability of witnesses.
- § 1305. Self-proved will.
- § 1306. Choice of law as to execution and proving of wills.
- § 1307. Will of nondomiciliary; admission, recording and evidence.
- § 1308. Caveat against allowance of instrument as will; procedure.
- § 1309. Review of proof of will; procedure.
- § 1310. Formal testacy proceedings; contested cases; testimony of attesting witnesses.
- § 1311. Pre-mortem will validation [For application of this section, see 80 Del. Laws, c. 153, § 5].
- § 1312. Limitation on action contesting validity of exercise of power of appointment [For application of this section, see 80 Del. Laws, c. 153, § 5].
- § 1313. Restricted access to a decedent’s safe deposit box for the limited purpose of retrieving the decedent’s last will or declaration of disposition of last remains prior to the appointment of personal representative.
- § 1701. Presumption of death.
- § 1702. Petition for adjudication of presumed death; notice of hearing.
- § 1703. Petition for ancillary letters on estate of nondomiciliary presumed decedent; notice of hearing.
- § 1704. Hearing; competency of witnesses.
- § 1705. Search for absentee.
- § 1706. Decree of presumed death; admission of will to probate and grant of letters.
- § 1707. Title to real estate of presumed decedent; recording of decree.
- § 1708. Duties of executor or administrator.
- § 1709. Security given by beneficiaries.
- § 1710. Revocation of letters and vacation of decree of presumed death — Effect generally.
- § 1711. Revocation of letters and vacation of decree of presumed death — Effect upon pending actions and upon judgments rendered.
- § 1712. Probate of will produced after issuance of letters; effect upon prior administration.
- § 1713. Costs.
- § 1901. Personal property constituting assets of estate; exceptions; employee death benefit plans and insurance policies.
- § 1902. Rents and profits of deceased’s real estate as estate assets; possession and repair of real estate.
- § 1903. Growing crops.
- § 1904. Appraisers; appointment.
- § 1905. Inventory and appraisal; filing requirements, form, contents and supporting affidavits; notice of action affecting title.
- § 1906. Failure to file inventory; civil and criminal penalties.
- § 1907. Refusal of a coexecutor or coadministrator to file inventory.
- § 1908. Affidavit of diligent inquiry.
- § 1909. Executor’s debt to decedent.
- § 1910. Additional inventory; after discovered assets.
- § 1911. Power of Court to suppress, reject and order another inventory or list.
- § 1912. Recording inventory and notation of inheritance tax status in Inheritance and Succession Docket.
- § 2101. Notice to creditors to present claims; publication.
- § 2102. Limitations on claims against estate.
- § 2103. Debts of which notice is presumed.
- § 2104. Manner of presentation of claims.
- § 2105. Order of preference of claims against estate.
- § 2106. Petition to Court of Chancery to determine order of preference.
- § 2107. Payment of claims after 3 months without notice of claim of higher priority.
- § 2109. Barring of claims against estates when no letters have been granted within 10 years from death.
- § 2501. Register of Wills is a Clerk of Court of Chancery.
- § 2502. Powers.
- § 2503. Commission to take deposition.
- § 2504. Compensation.
- § 2505. Bond.
- § 2506. Deputy register — Powers; recording appointment.
- § 2507. Deputy Register — Chief deputy; employment of deputies and clerks.
- § 2508. Report of real estate transfers to Board of Assessment.
- § 2509. Delivery of records; photocopies; evidence.
- § 2510. Fees.
- § 2511. Posting of fee list.
- § 2512. Refusal to pay fees; penalty.
- § 2513. Deposit of original wills with Register in New Castle County, Kent County, and Sussex County.
- § 2701. Petition for sale of realty to pay decedent’s debts; notice.
- § 2702. Application by creditor to compel sale of realty; procedure.
- § 2703. Proof in action to compel sale of realty.
- § 2704. Order of sale; realty to be sold.
- § 2705. Partition no bar to sale.
- § 2706. Manner of sale; notice and adjournment in case of public auction.
- § 2707. Effect of contribution in advance of sale to payment of debts; contribution to equalize burden after sale.
- § 2708. Return of sale; deed.
- § 2709. Title of purchaser.
- § 2710. Application of proceeds of sale; order of payment of debts.
- § 2711. Disposition of surplus after paying debts.
- § 2712. Order for disposition of surplus.
- § 2713. Bond to be given by executor or administrator before executing order of sale.
- § 2714. Purchase money payable to a successor administrator.
- § 2715. Refund of purchase money when sale not returned or not approved.
- § 2716. Charges of sale; taxing and payment.
- § 2717. Power to refuse order for sale or to approve a sale.
- § 2718. Appeal to Supreme Court.
- § 2719. Power of sale in will; execution; liability of purchaser for application of purchase money.
- § 2901. Proration of state and federal estate taxes; method [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability].
- § 2902. Duty of executor, administrator or other fiduciary to pay tax before distribution [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability].
- § 2903. Recovery of proportionate tax from persons receiving taxable property which did not come into possession of executor or administrator; jurisdiction of Court of Chancery [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability].
- § 2904. Executor’s or administrator’s obligation to distribute property before person entitled has paid pro rata tax or furnished security [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability].
- § 2905. Jurisdiction of and proceedings in the Court of Chancery; petition, order, parties, hearings; appointment of guardians [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability].
- § 2906. Limitation on application of chapter [Effective until Jan. 1, 2014, but see § 2914 of this title for future applicability].
- § 3301. Application of chapter; definitions [For application of this section, see 79 Del. Laws, c. 172, § 6].
- § 3302. Degree of care; authorized investments [For application of this section, see 79 Del. Laws, c. 172, § 6].
- § 3303. Effect of provisions of instrument [For application of this section, see 79 Del. Laws, c. 172, § 6].
- § 3304. Retention by fiduciary of decedent’s or settlor’s investments.
- § 3305. Retention by bank or trust company acting as a fiduciary of its own stock.
- § 3306. Deviation from terms of instrument.
- § 3307. Common fund investments by bank or trust company; regulations.
- § 3308. Power of bank or trust company acting as a fiduciary to purchase property held by its commercial or banking department.
- § 3309. Identification of securities.
- § 3310. Storage of securities.
- § 3311. Deposit of securities in clearing corporation.
- § 3312. Investments in affiliated investments; transactions with affiliates [For application of this section, see 80 Del. Laws, c. 153, § 5].
- § 3313. Advisers [For application of this section, see 80 Del. Laws, c. 153, § 5].
- § 3313A. Excluded cotrustee.
- § 3314. Limitation on certain fiduciary powers.
- § 3315. Trustee’s exercise of discretion; review by court; discretionary interests.
- § 3316. Substituted property; equivalent value; fiduciary duty.
- § 3317. Cofiduciaries and co-nonfiduciaries; duty to keep informed.
- § 3321. Applicability of chapter; definitions.
- § 3322. Fiduciary agency contracts; delegation.
- § 3323. Cofiduciaries and co-nonfiduciaries.
- § 3324. General powers of trustee.
- § 3325. Specific powers of trustee [For application of this section, see 79 Del. Laws, c. 172, § 6; 80 Del. Laws, c. 153, § 5].
- § 3326. Resignation of an officeholder.
- § 3327. Removal of an officeholder.
- § 3327A. Appointment of an officeholder [For application of this section, see 79 Del. Laws, c. 172, § 6].
- § 3328. Limitation on personal liability of fiduciary.
- § 3329. Effect of no-contest provision.
- § 3330. Construction or interpretation affecting validity under rule against perpetuities, applicability of later-enacted laws, and class determination; effect of survivorship requirement.
- § 3331. Preference for early vesting [For application of the section, see 83 Del. Laws, c. 271, § 1].
- § 3332. Governing law; change of situs [For application of this section, see 80 Del. Laws, c. 153, § 5].
- § 3333. Retention of counsel by fiduciary [For application of this section, see 79 Del. Laws, c. 172, § 6; 80 Del. Laws, c. 153, § 5].
- § 3334. Contributions to revocable trusts [For application of this section, see 79 Del. Laws, c. 172, § 6].
- § 3335. Effect of formula clauses in certain wills and trusts.
- § 3336. Appointment of successor trustee [Transferred].
- § 3337. Claims against revocable trusts [For application of this section, see 79 Del. Laws, c. 172, § 6].
- § 3338. Nonjudicial settlement agreements [For application of this section, see 79 Del. Laws, c. 172, § 6; 80 Del. Laws, c. 153, § 5].
- § 3339. Designated representatives of trusts.
- § 3340. Place of administration [For application of this section, see 80 Del. Laws, c. 153, § 5].
- § 3341. Consequences of trust merger and similar transactions [For application of this section, see 80 Del. Laws, c. 153, § 5].
- § 3342. Modification of trust by consent while trustor is living.
- § 3343. Authority to allocate trustee duties among multiple trustees.
- § 3344. Income tax reimbursement or payment.
- § 3345. Beneficiary well-being trust.
- § 3401-3411. §§ 3401-3411. Applicability of chapter; definitions; fiduciary agency contracts; cofiduciaries; general powers of trustee; specific powers of trustee; resignation of trustee; removal of trustee; limitation on personal liability of fiduciary; effect of no-contest provision; effect of survivorship requirement; preference for early vesting.
- § 4001. Definitions.
- § 4002. Purpose, scope and organization.
- § 4003. Administration; powers and duties.
- § 4004. Eligibility for participation and services.
- § 4005. Special requests on behalf of participant.
- § 4006. Accountability.
- § 4007. Withdrawal of a participant; surplus trust funds.
- § 4008. Charitable contributions.
- § 4009. Effect on participation in government programs.
- § 4010. Exemption from creditors.
- § 4011. Trust not subject to law against perpetuities, restraints on alienation.
- § 4012. Short title.
- § 4101. Appointment of conservator.
- § 4102. Bond and powers of conservator.
- § 4103. Termination of conservatorship.
- § 4301. Definitions.
- § 4302. Registration in the name of a fiduciary.
- § 4303. Assignment by a fiduciary.
- § 4304. Evidence of appointment or incumbency.
- § 4305. Adverse claims.
- § 4306. Nonliability of corporation and transfer agent.
- § 4307. Nonliability of third persons.
- § 4308. Territorial application.
- § 4309. Tax obligations.
- § 4310. Uniformity of interpretation.
- § 4311. Short title.
- § 4501. Definitions.
- § 4502. Scope and jurisdiction.
- § 4503. Nomination of custodian.
- § 4504. Transfer by gift or exercise of power of appointment.
- § 4505. Transfer authorized by will or trust.
- § 4506. Other transfer by fiduciary.
- § 4507. Transfer by obligor.
- § 4508. Receipt for custodial property.
- § 4509. Manner of creating custodial property and effecting transfer; designation of initial custodian; control.
- § 4510. Single custodianship.
- § 4511. Validity and effect of transfer.
- § 4512. Care of custodial property.
- § 4513. Powers of custodian.
- § 4514. Use of custodial property.
- § 4515. Custodian’s expenses, compensation and bond.
- § 4516. Exemption of third person from liability.
- § 4517. Liability to third persons.
- § 4518. Renunciation, resignation, death or removal of custodian; designation of successor custodian.
- § 4519. Accounting by and determination of liability of custodian.
- § 4520. Termination of custodianship.
- § 4521. Applicability.
- § 4522. Effect on existing custodianships.
- § 4523. Short title.
- § 4701. Short title.
- § 4702. Definitions.
- § 4703. Standard of conduct in managing and investing institutional fund.
- § 4704. Appropriation for expenditure or accumulation of endowment fund; rules of construction.
- § 4705. Delegation of management and investment functions.
- § 4706. Release or modification of restrictions on management, investment, or purpose.
- § 4707. Reviewing compliance.
- § 4708. Application to existing institutional funds.
- § 4709. Relation to Electronic Signatures in Global and National Commerce Act.
- § 4710. Applicability and construction.
- § 4901. Defined.
- § 4902. Power not affected by disability.
- § 4903. Relation of agent to court-appointed fiduciary.
- § 4904. Death, disability or incapacity of principal.
- § 4905. Exercise of power after revocation.
- § 4906. Relation of this chapter to Chapter 49A of this title.
- § 5001. Short title.
- § 5002. Definitions.
- § 5003. Applicability.
- § 5004. Control of digital accounts and digital assets by a fiduciary.
- § 5005. Recovery of digital assets and digital accounts from a custodian.
- § 5006. Custodian immunity.
- § 5007. Relation to Electronic Signatures in Global and National Commerce Act.