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2019 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 31. Suits Against Executors and Administrators
Subchapter II General
§ 3121 Consequences of instituting suit without presenting claim.
Universal Citation: 12 DE Code § 3121 (2019)
If in an action against an executor or administrator for a debt against the decedent the affidavit required by § 2104 of this title is not produced by the plaintiff, the action shall, upon motion, be dismissed and if such action has been brought, without previously exhibiting to the defendant an affidavit in due form, the plaintiff shall not recover any costs, unless the action has been controverted. The question of disallowance of costs shall be decided by the court on a rule to show cause, which shall not be granted unless the exhibiting of an affidavit be denied on oath or affirmation.
Code 1852, § 1836; Code 1915, § 3376; Code 1935, § 3841; 12 Del. C. 1953, § 3121.
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