Delaware § 101 - Definitions.
Full text of Delaware Delaware Code § 101 — Definitions., with citation guidance and answers to common questions.
§ 101. Definitions.
For the purpose of wills, intestate succession and for all other purposes under this title, the following definitions shall apply:
(1) “Child” includes any individual entitled to take as a child under this title by intestate succession from the parent whose relationship is involved and excludes any person who is only a stepchild, a foster child, a grandchild or any more remote descendant.
(2) “Good faith” means honesty in fact and the observance of reasonable standards of fair dealing.
(3) “Heir” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent and shall include kin and kindred.
(4) “Issue” of a person means all of the person’s lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this title.
(5) “Parent” includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent or grandparent.
(6) “Personal representative” includes executor, administrator, successor administrator and administrator with will annexed, and persons who perform substantially the same function under the law governing their status.
(7) The definitions of “child,” “issue” or “parent” contained in this section shall not limit the right of a testator to provide by will for a definition different from those contained in this section.
59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 352, § 1;Frequently Asked Questions About Delaware § 101
What does Delaware Code § 101 cover?
Section 101 ("Definitions.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 101?
A common citation format is "Delaware Code § 101" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 101 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.