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DE HB296

Bill

Status

Passed

6/22/2010

Primary Sponsor

Bryon Short

Click for details

Origin

House of Representatives

145th General Assembly

AI Summary

  • Adds named executors in a decedent's will to the category of persons eligible to distribute personal estates under $30,000 without court appointment, provided the executor satisfies all qualifications in Delaware Code § 1508.

  • Establishes priority order for small estate distribution: named qualified executor first, followed by spouse, child, parent, sibling, grandchild, grandparent, or licensed funeral director, with no preference among remaining eligible parties.

  • Grants named executors and next of kin the right to take possession of the decedent's motor vehicles and remove the decedent's clothing from premises for burial or viewing purposes, with executors having priority over next of kin.

  • Clarifies that only the Register of Wills may issue the small estate affidavit required to distribute personal estates under $30,000, even though court appointment is not required.

  • Requires completion of a Register of Wills form prior to taking any action to access motor vehicles or remove clothing under the new provisions.

Legislative Description

An Act To Amend Title 12 Of The Delaware Code Relating To Decedents' Estates.

Last Action

Signed by Governor

6/22/2010

Committee Referrals

Banking5/4/2010
Economic Development/Banking/Insurance/Commerce1/27/2010

Full Bill Text

No bill text available