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Delaware Laws | Title 12 Decedents' Estates and Fiduciary Relations
CHAPTER 13. GENERAL PROVISIONS
Sec. 1308. Caveat against allowance of instrument as will; procedure.

(b) The Court of Chancery may determine the costs occasioned by such caveat and decree the payment thereof. (1880)

(38 Del. Laws, c. 177, Sec. 1; Code 1935, Sec. 3800; 12 Del. C. 1953, Sec. 1309; 57 Del. Laws, c. 402, Sec. 3; 59 Del. Laws, c. 384, Sec. 1; 66 Del. Laws, c. 373, Sec. 1; 75 Del. Laws, c. 97, Sec. 19; 76 Del. Laws, c. 90, Sec. 18.) (1881)

Sec. 1309. Review of proof of will; procedure. (1882)(Text)

(a) Any person interested who shall not voluntarily appear at the time of taking the proof of a will, or be served with citation or notice as provided in Sec. 1303 of this title, shall, at any time within 6 months after the entry of the order of probate, have a right of review which shall on the person's petition be ordered by the Court of Chancery. Upon such review, there shall be the same proceedings as upon a caveat, and the allowance of the will and granting of letters may be affirmed or the will rejected and the letters revoked. (1883)

(b) The Court of Chancery may determine the costs occasioned by such review and decree the payment thereof. (1884)

(Code 1852, Sec.Sec. 1770, 1771; Code 1915, Sec. 3336; 38 Del. Laws, c. 179, Sec. 1; Code 1935, Sec. 3801; 12 Del. C. 1953, Sec. 1310; 49 Del. Laws, c. 117; 57 Del. Laws, c. 402, Sec. 3; 59 Del. Laws, c. 384, Sec. 1; 70 Del. Laws, c. 186, Sec. 1; 75 Del. Laws, c. 97, Sec. 1.) (1885)

Sec. 1310. Formal testacy proceedings; contested cases; testimony of attesting witnesses. (1886)(Text)

If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, and, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit, the will shall be admitted to probate subject to all other provisions of this title. (1887)

(59 Del. Laws, c. 384, Sec. 1.) (1888)

TITLE 12 Decedents' Estates and Fiduciary Relations Administration of Decedents' Estates (1889)(Text)

CHAPTER 15. LETTERS TESTAMENTARY AND LETTERS OF ADMINISTRATION (1890)(Text)

Decedents' Estates and Fiduciary Relations Administration of Decedents' Estates (1891)

Subchapter I. General Provisions (1892)(Text)

Sec. 1501. Necessity for letters testamentary or of administration. (1893)(Text)

No one shall act as the executor or administrator of a domiciliary decedent's estate within this State without letters testamentary or of administration being granted in accordance with this title. (1894)

(Code 1852, Sec. 1775; Code 1915, Sec. 3340; Code 1935, Sec. 3805; 12 Del. C. 1953, Sec. 1502; 59 Del. Laws, c. 384, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (1895)

Sec. 1502. Grant of letters testamentary. (1896)(Text)

(a) If a will of a domiciliary or nondomiciliary decedent is admitted to probate in accordance with this title, letters testamentary shall be granted by the Register of Wills of the county in which the decedent was domiciled, or in the case of a nondomiciliary in which the decedent owned real or personal property, to the executor or executors thereof, upon their giving bond in accordance with this title. (1897)

(b) If several are named as executors, and any are deceased, or fail to give the necessary bond, or renounce or are incapacitated, letters testamentary shall be granted to the others so named. If all of them, or a sole executor, is deceased, or fails to give the necessary bond, or renounces or is incapacitated, administration with the will annexed, shall be granted in accordance with this title. (1898)

(Code 1852, Sec.Sec. 1773, 1774; Code 1915, Sec. 3339; Code 1935, Sec. 3804; 12 Del. C. 1953, Sec. 1501; 59 Del. Laws, c. 384, Sec. 1; 65 Del. Laws, c. 422, Sec. 4.) (1899)

Sec. 1503. Grant of letters to one under an incapacity. (1900)(Text)

If a person named executor shall be under an incapacity, either by reason of minority, physical disability or mental disability, letters testamentary shall be granted upon the removal of the incapacity and upon the giving of bond in accordance with this title. In the meantime, letters testamentary shall be granted to the coexecutor or coexecutors of the person under a disability, if there is 1 or more named who qualify in accordance with this title, but if there is none, or if the coexecutor or coexecutors all fail to qualify, letters of administration, with the will annexed, shall be granted in accordance with this title. (1901)

(59 Del. Laws, c. 384, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (1902)

Sec. 1504. Grant of letters of administration. (1903)(Text)

(a) Letters of administration, with the will annexed, of the estate of a domiciliary decedent for whom a will has been admitted to probate in accordance with this title, and letters of administration of the estate of a domiciliary decedent for whom no will shall have been admitted to probate in accordance with this title, shall be granted by the Register of Wills of the county in which the decedent was domiciled. (1904)

(b) Letters of ancillary administration, with the will annexed, of a nondomiciliary decedent for whom a will has been admitted to probate in accordance with this title, and letters of ancillary administration of the estate of a nondomiciliary decedent for whom no will has been admitted to probate in accordance with this title, shall be granted by the Register of Wills for any county. The administration which shall first be lawfully granted in either case shall extend to all the estate of the decedent within Delaware, and shall exclude the jurisdiction of the Register for any other county. (1905)

(Code 1852, Sec.Sec. 1777, 1778; Code 1915, Sec. 3342; Code 1935, Sec. 3807; 12 Del. C. 1953, Sec. 1504; 59 Del. Laws, c. 384, Sec. 1.) (1906)

Sec. 1505. Persons entitled to letters of administration. (1907)(Text)

(a) Letters of administration with the will annexed, letters of administration, letters of ancillary administration with the will annexed and letters of ancillary administration shall be granted by a Register of Wills to such person or persons as shall be entitled to such letters under this section upon their giving bond in accordance with this title. (1908)

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