2018 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
CHAPTER 21. DEBTS OF AND CLAIMS AGAINST ESTATE
§ 2101. Notice to creditors to present claims; publication.
(a) The Register of Wills shall give notice as provided in this section of the granting of letters. Said notice shall contain the date of grant of letters, the date of the decedent's death and the name and address of the personal representative and of the personal representative's counsel, if any.
(b) Such notice shall be given in all cases by advertisements to be posted within 40 days from the grant of letters on the designated county website and/or in the county courthouse in the county in which the decedent resided at the time of death, or, in the case of nonresident decedents, in the county in which letters testamentary or of administration shall have been granted; and, such notice shall also be published in any 1 or more newspapers approved by the Register of Wills published in such county at least 3 times within the same period not less frequently than once a week for 3 successive weeks; except that if the Register of Wills at the time of granting of letters shall determine from evidence satisfactory to the Register that the gross personal estate of the decedent does not exceed $30,000 and also that the gross real and personal estate of the decedent does not in the aggregate exceed $35,000, the Register may give such notice solely by the posting of advertisements as aforesaid, and not by publication in a newspaper or newspapers.
(c) The Register of Wills may require that the actual costs and expenses of such posting and publication be advanced to the Register of Wills prior to the grant of letters. The Register shall note or record in the Register's docket the giving of notice and the form of notice given.
(d) The Register of Wills shall send a copy of the notice, described in this section, to the State Treasurer within 40 days from the grant of letters. The State Treasurer, within 40 days from the receipt of notice, and at least monthly, shall send the information included therein in a convenient or summary form to each state agency which requests the information without charge.
Code 1852, §§ 1855-1858; Code 1915, § 3398; 38 Del. Laws, c. 183, § 1; Code 1935, § 3861; 42 Del. Laws, c. 142, § 1; 12 Del. C. 1953, § 2101; 57 Del. Laws, c. 173; 59 Del. Laws, c. 384, § 1; 64 Del. Laws, c. 319, § 1; 66 Del. Laws, c. 374, § 2; 70 Del. Laws, c. 114, § 3; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 227, § 3; 77 Del. Laws, c. 229, § 1.
