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Delaware Laws | Title 12 Decedents' Estates and Fiduciary Relations
CHAPTER 29. APPORTIONMENT OF ESTATE TAXES
Sec. 2901. Proration of state and federal estate taxes; method.

(46 Del. Laws, c. 119, Sec. 1; 47 Del. Laws, c. 405, Sec. 1; 12 Del. C. 1953, Sec. 2901.) (2944)

Sec. 2902. Duty of executor, administrator or other fiduciary to pay tax before distribution. (2945)(Text)

The tax shall be paid by the executor, administrator or other fiduciary out of the estate before its distribution. (2946)

(46 Del. Laws, c. 119, Sec. 1; 47 Del. Laws, c. 405, Sec. 1; 12 Del. C. 1953, Sec. 2902.) (2947)

Sec. 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. (2948)(Text)

(a) Where any property required to be included in the gross estate does not come into the possession of the executor, administrator or other fiduciary, the executor, administrator or other fiduciary shall recover from whoever is in possession or from the persons interested in the estate the proportionate amount of such tax payable by the persons interested in the estate with which such persons are chargeable under this chapter. (2949)

(b) The Court of Chancery of the county in which any such accounting has been made or in which any such appropriate action or proceeding is pending may, by order, direct the payment of such amount of tax by such persons to the executor, administrator or other fiduciary, in accordance with subsection (a) of this section. (2950)

(46 Del. Laws, c. 119, Sec. 1; 47 Del. Laws, c. 405, Sec. 1; 12 Del. C. 1953, Sec. 2903; 57 Del. Laws, c. 402, Sec. 3; 70 Del Laws, c. 186, Sec. 1.) (2951)

Sec. 2904. Executor's or administrator's obligation to distribute property before person entitled has paid pro rata tax or furnished security. (2952)(Text)

No executor, administrator or other person acting in a fiduciary capacity shall be required to transfer, pay over or distribute any fund or property which may have either a federal or a state tax imposed upon it or which may be liable for the payment of any federal or state tax, until the amount of such tax or taxes due from the devisee, legatee, distributee or other person to whom such property is transferred, is paid or, if the apportionment of tax has not been determined, adequate security is furnished by the transferee for such payment. (2953)

(46 Del. Laws, c. 119, Sec. 1; 47 Del. Laws, c. 405, Sec. 1; 12 Del. C. 1953, Sec. 2904.) (2954)

Sec. 2905. Jurisdiction of and proceedings in the Court of Chancery; petition, order, parties, hearings; appointment of guardians. (2955)(Text)

(a) The Court of Chancery has jurisdiction and all power necessary to make the prorations and the orders directing the payment of amounts of tax contemplated by this chapter. (2956)

(b) Such jurisdiction may be invoked by petition filed in the Court of Chancery by an executor, administrator, temporary administrator, trustee or other person acting in a fiduciary capacity or any other person having such an interest as may in the judgment of the Court entitle such person to file such a petition. (2957)

(c) The Court of Chancery, upon making a determination as provided in Sec. 2901 of this title, shall make a decree or order directing the executor, administrator or other fiduciary to charge the prorated amounts against the persons against whom the tax has been so prorated, insofar as such person is in possession of property or interests of such persons against whom such charge has been made, and summarily directing all other persons against whom the tax has been so prorated or who are in possession of property or interests of such persons to make payment of such prorated amounts to such executor, administrator or other fiduciary or to another person who has paid such tax. (2958)

(d) Every petition under subsection (b) of this section shall make all living interested persons parties defendant to the proceeding and they shall be summoned or otherwise notified as provided by the rules of the Court of Chancery relating to partition causes. (2959)

(e) The Court may appoint a guardian or guardians ad litem to represent the interests of persons who by reason of their minority or other cause are incompetent or of unborn or unascertainable persons who may have an interest in the estate. (2960)

(f) The Court may hear the cause upon oral testimony of witnesses or otherwise. (2961)

(46 Del. Laws, c. 119, Sec. 1; 47 Del. Laws, c. 405, Sec. 1; 12 Del. C. 1953, Sec. 2905; 57 Del. Laws, c. 402, Sec. 3; 70 Del Laws, c. 186, Sec. 1.) (2962)

Sec. 2906. Limitation on application of chapter. (2963)(Text)

The foregoing provisions of this chapter shall not apply where and to the extent that a testator provides in the testator's will for another method of apportionment or allocation of the taxes referred to in Sec. 2901 of this title or where and to the extent that the written terms of an inter vivos transfer provide for another method of apportionment or allocation of such taxes which may be imposed with respect to the specific fund so transferred. Such provision in a will or in the terms of an inter vivos transfer may be in the form of a direction or of a grant of discretion to an executor or trustee to apportion or allocate such taxes or to pay such taxes out of the residuary estate under a will or from any other portion or portions of the estate passing under the will or out of the property transferred inter vivos. (2964)

(46 Del. Laws, c. 119, Sec. 1; 47 Del. Laws, c. 405, Sec. 1; 12 Del. C. 1953, Sec. 2906; 70 Del Laws, c. 186, Sec. 1.) (2965)

TITLE 12 Decedents' Estates and Fiduciary Relations Administration of Decedents' Estates (2966)(Text)

CHAPTER 31. SUITS AGAINST EXECUTORS AND ADMINISTRATORS (2967)(Text)

Decedents' Estates and Fiduciary Relations Administration of Decedents' Estates (2968)

Subchapter I. Suit for Legacy or Distributive Share (2969)(Text)

Sec. 3101. Action at law. (2970)(Text)

(a) An action at law may be maintained against an executor or administrator for a legacy or distributive share that is due. Assets in the executor's or administrator's hands to pay a legacy shall create a legal liability and raise a consequent promise to pay it. If there are not sufficient assets to pay the whole legacy, a part may be recovered. If the delivery of a specific legacy has been refused, the value of it may be recovered by an action at law. There shall be a legal liability to pay a distributive share and a consequent implied promise. (2971)

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