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Delaware Laws | Title 12 Decedents' Estates and Fiduciary Relations
CHAPTER 23. ACCOUNTING AND DISTRIBUTION
Subchapter IV. Nondomiciliary Decedents' Estates

(42 Del. Laws, c. 138, Sec. 1; 12 Del. C. 1953, Sec. 2357; 59 Del. Laws, c. 384, Sec. 1.) (2801)

Decedents' Estates and Fiduciary Relations Administration of Decedents' Estates (2802)

CHAPTER 25. REGISTER OF WILLS (2803)(Text)

Sec. 2501. Register of Wills is a Clerk of Court of Chancery. (2804)(Text)

In performing the functions of the office, the Register of Wills of each county shall act only as a Clerk of the Court of Chancery. (2805)

(59 Del. Laws, c. 384, Sec. 1; 70 Del Laws, c. 186, Sec. 1.) (2806)

Sec. 2502. Powers. (2807)(Text)

(a) The Register of Wills shall have power to take acknowledgements, administer oaths, issue notices, certify and authenticate copies of instruments, documents and records of the Court and perform the usual functions of the Register's office. (2808)

(b) If a matter is one with respect to which no notice is required by statute or rule of court to be given to any person then, except as otherwise provided in this title or by rule of court, the Register of Wills may hear and determine it and make all orders, adjudgments and decrees in connection therewith which the Court of Chancery could make, subject to being set aside or modified by the Court at any time within 30 days thereafter; and if not so set aside or modified such orders, adjudgments and decrees shall have the same effect as if made by the Court. (2809)

(c) All actions commenced in the Court of Chancery shall be filed with the Register in Chancery, who shall have custody of the records thereof, as provided by the Rules of the Court of Chancery, notwithstanding that such action may be brought upon a cause of action previously within the cognizance of the Register of Wills. (2810)

(d) Without limiting the generality of the foregoing, the Register of Wills shall have such further powers and duties as may be specifically conferred upon the Register by statute or by rule of the Court of Chancery. (2811)

(59 Del. Laws, c. 384, Sec. 1; 64 Del. Laws, c. 252, Sec. 8; 70 Del Laws, c. 186, Sec. 1.) (2812)

Sec. 2503. Commission to take deposition. (2813)(Text)

(a) If the attendance of a witness to a will cannot be procured because of the witness' sickness, age, infirmity, imminent departure from the State, being beyond the reach of process or any other reason deemed satisfactory to the Register of Wills, the Register may award a commission to take the deposition of such witness. (2814)

(b) The commission may be issued on interrogatories filed, or the Register may make any order deemed proper concerning the issuance or execution of the commission. (2815)

(Code 1852, Sec. 1818; Code 1915, Sec. 3371; Code 1935, Sec. 3836; 12 Del. C. 1953, Sec. 2503; 59 Del. Laws, c. 384, Sec. 1; 70 Del Laws, c. 186, Sec. 1.) (2816)

Sec. 2504. Compensation. (2817)(Text)

The Registers of Wills in respective counties shall receive the following annual salaries: (2818)

(1) New Castle County, as fixed by the New Castle County government. (2819)

(2) In Kent County the Register of Wills of Kent County shall receive a salary in an amount to be set by ordinance of the Kent County Levy Court. (2820)

(3) In Sussex County the Register of Wills of Sussex Council shall receive a salary in an amount to be set by ordinance of the Sussex County Council. (2821)

(23 Del. Laws, c. 60, Sec. 7; 24 Del. Laws, c. 84, Sec. 1; 24 Del. Laws, c. 87, Sec. 1; 24 Del. Laws, c. 94, Sec. 1; Code 1915, Sec. 1438; 40 Del. Laws, c. 139, Sec. 1; Code 1935, Sec. 1597; 44 Del. Laws, c. 98, Sec. 1; 45 Del. Laws, c. 138, Sec. 1; 46 Del. Laws, c. 298, Sec. 1; 12 Del. C. 1953, Sec. 2505; 49 Del. Laws, c. 283; 49 Del. Laws, c. 292; 50 Del. Laws, c. 488, Sec. 1; 52 Del. Laws, c. 52, Sec. 1; 52 Del. Laws, c. 174, Sec. 1; 53 Del. Laws, c. 222, Sec. 8; 54 Del. Laws, c. 23, Sec. 11; 54 Del. Laws, c. 215, Sec. 8; 56 Del. Laws, c. 204, Sec. 2; 57 Del. Laws, c. 692, Sec. 10; 59 Del. Laws, c. 384, Sec. 1; 59 Del. Laws, c. 514, Sec. 4; 61 Del. Laws, c. 506, Sec. 9; 65 Del. Laws, c. 163, Sec. 9; 65 Del. Laws, c. 216, Sec. 6; 67 Del. Laws, c. 255, Sec. 7; 68 Del. Laws, c. 234, Sec. 5.) (2822)

Sec. 2505. Bond. (2823)(Text)

The official bond of every Register of Wills of this State shall embrace and include the faithful performance by the Register of all the duties imposed upon the Register by law. (2824)

(25 Del. Laws, c. 225, Sec. 7; Code 1915, Sec. 152; 37 Del. Laws, c. 8, Sec. 1; 40 Del. Laws, c. 10, Sec. 1; Code 1935, Sec. 141; 12 Del. C. 1953, Sec. 2504; 59 Del. Laws, c. 384, Sec. 1.) (2825)

Sec. 2506. Deputy register -- Powers; recording appointment. (2826)(Text)

In all cases where, in the administration of the affairs of the office of Register of Wills in the several counties of the State, it is necessary or proper to administer an oath of affirmation, such oath of affirmation may be administered by a deputy register; and, where the Register might have done so, such deputy register may probate wills and grant letters testamentary and of administration. The appointment of each deputy shall be recorded in the office of the Recorder of Deeds of the county for which the deputy shall be appointed. (2827)

(24 Del. Laws, c. 77, Sec. 1; Code 1915, Sec. 3338; Code 1935, Sec. 3803; 12 Del. C. 1953, Sec. 2506; 59 Del. Laws, c. 384, Sec. 1.) (2828)

Sec. 2507. Deputy Register -- Chief deputy; employment of deputies and clerks. (2829)(Text)

(a) The Chancellor shall name a chief deputy register of wills for each county who shall perform such duties as shall from time to time be assigned by the Court of Chancery. The annual compensation of such chief deputy shall be as fixed by the New Castle County government, the Sussex County government or the Levy Court of Kent County. A Chief Deputy Register of Wills when appointed and qualified shall not be removed from office except for good and sufficient cause. (2830)

(b) The Register of Wills in each county may employ such number of deputies and clerks at such salaries as shall be fixed by the government body of such county. In Kent County, minimum qualifications may be established by the county government for each position, and said minimum qualifications and compensation and any subsequent adjustments thereto shall have the concurrence of the register of wills. (2831)

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