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DE HB333

DE HB333
An Act To Amend Title 12 Of The Delaware Code Relating To Distribution Of Decedent's Property Without Grant Of Letters Of Administration.


summary

Introduced
03/25/2026
In Committee
04/23/2026
Crossed Over
04/23/2026
Passed
06/10/2026
Dead
Signed/Enacted/Adopted
06/10/2026

Introduced Session

153rd General Assembly

Bill Summary

An Act To Amend Title 12 Of The Delaware Code Relating To Distribution Of Decedent's Property Without Grant Of Letters Of Administration.

AI Summary

This bill amends Title 12 of the Delaware Code to increase the maximum value of a decedent's personal estate that can be distributed without the formal appointment of an executor or administrator, known as "letters of administration." Specifically, it raises the threshold from $30,000 to $50,000. This allows certain individuals, including the surviving spouse, specified relatives, a licensed funeral director, or the named executor in a will, to claim and distribute the decedent's personal property by executing an affidavit confirming that no personal representative appointment is pending, 30 days have passed since the death, all known debts are paid, the surviving spouse's allowance has been handled, and the decedent did not own real estate in Delaware as a tenant in common. The bill also clarifies the order of preference for who can receive the personal estate, prioritizing the named executor, followed by the spouse, children, parents, siblings, grandchildren, and grandparents, and then a funeral director. Additionally, it grants the named executor or next of kin the right to access the decedent's vehicle and residential rental unit to retrieve clothing for burial or viewing and all belongings from the unit, respectively, under specific conditions and timeframes.

Committee Categories

Business and Industry

Sponsors (25)

Last Action

Signed by Governor (on 06/10/2026)

Bill Topics

Law, Crime, and Family Issues
  • ‐ Civil Law and Procedure

bill text


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