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Delaware Laws | Title 12 Decedents' Estates and Fiduciary Relations
CHAPTER 11. ESCHEATS
Subchapter I. Intestate Property

(Code 1852, Sec. 1594; Code 1915, Sec. 130; Code 1935, Sec. 119; 12 Del. C. 1953, Sec. 1107; 57 Del. Laws, c. 741, Sec. 48B; 60 Del. Laws, c. 292, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (1010)

Sec. 1108. Return of writ of seizure. (1011)(Text)

(a) The writ prescribed in Sec. 1106 of this title shall be duly returned to the Escheator, with an inventory and appraisement of the goods and chattels seized and attached by virtue thereof, and an account of the sale. (1012)

(b) The Escheator shall immediately upon receiving the writ transmit a duly certified copy thereof, and of the return, inventory and appraisement and account of sale to the Secretary of Finance and the State Treasurer. (1013)

(Code 1852, Sec.Sec. 1595, 1596; Code 1915, Sec.Sec. 131, 132; Code 1935, Sec.Sec. 120, 121; 12 Del. C. 1953, Sec.Sec. 1108, 1109; 60 Del. Laws, c. 292, Sec. 1.) (1014)

Sec. 1109. Lease, retention or sale of real property. (1015)(Text)

If, after hearing under this subchapter, the Court finds that real property has escheated to the State, the Escheator, subject to the approval of the Governor, may lease such property upon a reasonable rent therefor, or retain such property for the benefit and use of the State. If the real property is not leased or retained, the Escheator shall sell such property, at public auction, upon like public notice as required by law for the sale of lands under execution process. (1016)

(Code 1852, Sec. 1597; Code 1915, Sec. 133; Code 1935, Sec. 122; 12 Del. C. 1953, Sec. 1110; 60 Del. Laws, c. 292, Sec. 1.) (1017)

Sec. 1110. Conveyance of realty to purchaser after sale. (1018)(Text)

Immediately after sale under Sec. 1109 of this title, the Escheator shall certify the same to the Governor, who, on filing such certificate in the office of the Secretary of State, together with a receipt from the State Treasurer for the price of the lands, shall, by and under the great seal, grant the lands and tenements to the purchaser thereof, to hold to the purchaser, the purchaser's heirs and assigns forever. (1019)

(Code 1852, Sec. 1602; Code 1915, Sec. 138; Code 1935, Sec. 127; 12 Del. C. 1953, Sec. 1115; 57 Del. Laws, c. 741, Sec. 48B; 60 Del. Laws, c. 292, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (1020)

Sec. 1111. Nature of title of purchaser of realty. (1021)(Text)

The title conveyed by virtue of a deed under Sec. 1110 of this title shall be subject to any reversion, remainder, lease, rent, mortgage or encumbrance of the lands to which they were respectively subject prior to escheat as determined by the Court of Chancery at the hearing; in default of presentment at the hearing, such claims shall forever be barred. (1022)

(Code 1852, Sec. 1603; Code 1915, Sec. 139; Code 1935, Sec. 128; 12 Del. C. 1953, Sec. 1116; 60 Del. Laws, c. 292, Sec. 1.) (1023)

Sec. 1112. Proceeds of sale. (1024)(Text)

The Escheator shall pay over the proceeds received from the sale or disposition of all escheated intestate property, real or personal, to the State Treasurer for deposit in the General Fund. (1025)

(60 Del. Laws, c. 292, Sec. 1.) (1026)

Sec. 1113. Claims to proceeds of sale. (1027)(Text)

Any person who did not participate in or receive actual notice of the hearing provided by Sec. 1104 of this title shall have the right within 2 years of the date of sale of any property under this subchapter to file a claim by way of petition in the Court of Chancery, to all or any portion of the escheated property. If such claim is established and allowed by the Court, such person shall be entitled to receive from the State Treasurer, under a warrant for the same signed by the Secretary of Finance, all such proceeds as the State shall have received on the sale of such property or portion thereof, after all charges thereon are deducted, or all escheated property, real or personal, still held by the State, subject to paying all costs of the escheat. (1028)

(Code 1852, Sec.Sec. 1604, 1605; Code 1915, Sec.Sec. 140, 141; Code 1935, Sec.Sec. 129, 130; 12 Del. C. 1953, Sec. 1117; 49 Del. Laws, c. 57, Sec. 1; 57 Del. Laws, c. 741, Sec. 48B; 60 Del. Laws, c. 292, Sec. 1.) (1029)

Sec. 1114. Recovery of credits or property of the intestate not included in the Court's initial escheat order. (1030)(Text)

If any person, at the death of any intestate, shall be indebted to the intestate, or if any part of such estate, real or personal, was not mentioned and included in the Court's initial escheat order, be in the possession of any person, the same shall be recovered to the use of the State by such action as the case may require, in which proceedings the initial escheat order touching the estate of such intestate shall be admissible evidence to prove that the intestate died without heirs or known kindred. (1031)

(Code 1852, Sec. 1606; Code 1915, Sec. 142; Code 1935, Sec. 131; 12 Del. C. 1953, Sec. 1118; 60 Del. Laws, c. 292, Sec. 1.) (1032)

Sec. 1115. Expenses of Escheator. (1033)(Text)

The Escheator may, from time to time, draw a warrant upon the State Treasurer for sums necessary to pay the expenses of the enforcement of this subchapter, which warrants, when approved by the Secretary of Finance, shall be paid by the Treasurer out of the General Fund of the State. (1034)

(Code 1935, Sec. 133; 42 Del. Laws, c. 57, Sec. 1; 12 Del. C. 1953, Sec. 1120; 57 Del. Laws, c. 741, Sec. 48B; 60 Del. Laws, c. 292, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (1035)

Sec. 1116. Conveyance of certain escheated real property previously owned by a religious body. (1036)(Text)

The Secretary of State shall convey to a properly organized corporation of this State whatever title the State may have in any real property which was formerly held by or for a religious body and which has or may have escheated provided that: (1037)

(1) The Secretary is satisfied that the grantee corporation is the proper successor to the body previously holding equitable or legal title to the property; (1038)

(2) A certified copy of the recorded certificate of incorporation of the grantee corporation is provided; (1039)

(3) Prior notice of any such proposed conveyance is given by registered mail to the record title holders where known; and (1040)

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