Go to Previous Versions of this Section
  1. 2025 Delaware Code (here)
  2. 2024 Delaware Code
  3. 2023 Delaware Code
  4. View All Versions

2025 Delaware Code
Title 25 - Property
Chapter 7. JOINT ESTATES AND PARTITION
Subchapter II. Partition Proceedings
§ 723. Unknown or uncertain parties in interest; description in petition; service by publication.

Universal Citation:
25 DE Code § 723 (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
Previous Next
§ 723. Unknown or uncertain parties in interest; description in petition; service by publication.

If in any cause in partition it is unknown whether any person shown by the facts set forth in the petition to be interested in the lands and premises, or any of them, of which partition is desired is living or dead, or in any case where the person is dead and it is unknown whether that person left any heirs or any of the heirs are unknown, then the petition may describe such unknown heirs as the heirs of the person who, if living, would be a proper party, and the petition, in cases under this section, shall pray that notice of the substance and object thereof may be given by publication as provided by § 722 of this title and the rules of the Court of Chancery for publication in cases of nonresidents. Upon such a petition the Court shall order notice to be given to the heirs of such deceased person by publication.

Code 1915, § 3298;  Code 1935, § 3762;  25 Del. C. 1953, § 723;  70 Del. Laws, c. 186, § 1; 
Previous Next
Disclaimer: These codes may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.