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DE HB154

Bill

Status

Passed

8/30/2017

Primary Sponsor

Bryon Short

Click for details

Origin

House of Representatives

149th General Assembly

AI Summary

  • Modifies § 2102 of Delaware Code to reclassify claims that arise "at the death" of a decedent as claims arising "before or at" death rather than "at or after" death
  • Changes the 8-month statute of limitations filing deadline to apply to claims arising before or at death of the decedent, rather than subjecting them to the 6-month limitation for post-death claims
  • Ensures claims arising at the moment of death are treated as claims based on the decedent's conduct rather than the personal representative's conduct, since the personal representative has not yet been appointed at time of death
  • Removes "at or" from subsection (b) to exclude claims arising at death from the 6-month limitation period that applies only to claims arising strictly after death

Legislative Description

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

Last Action

Signed by Governor

8/30/2017

Committee Referrals

Banking, Business & Insurance6/15/2017
Economic Development/Banking/Insurance/Commerce5/2/2017

Full Bill Text

No bill text available