CHAPTER 256 - LIMITATION OF PERSONAL ACTIONS AGAINST ESTATE OF DECEDENT

AN ACT TO AMEND CHAPTER 146 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO THE LIMITATION OF PERSONAL ACTIONS BROUGHT AGAINST THE ESTATE OF A DECEDENT.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 146 of the Revised Code of Delaware, 1935, be and the same is hereby amended by adding the following new and additional section, to be known and styled as 5143-A. Sec. 20-A:

5143-A. Sec. 20-A. Limitations in Actions Against a Decedent's Estate:--In all actions or claims against an executor or administrator of a decedent's estate, if the time within which the action could have been brought had not expired in lifetime of the decedent, and if letters testamentary or letters of administration shall have been granted on such decedent's estate within three months after the date of the death of such decedent, then the period of limitations provided for in this Chapter shall be extended for a period of six months from the date of the decedent's death; and provided moreover, that if the claim was filed within the proper time with said executor or administrator the defense of the statute of limitations shall not avail to such executor or administrator if he subsequently rejects the claim and action or suit is commenced thereon within three months after the executor or administrator shall have notified the claimant of such rejection as provided by Section 63 of Article 4 of Chapter Ninety-Eight, as amended. No claim against the estate of any decedent in which letters have been granted prior to the passage of this Act shall be in any wise affected by this Act.

Approved April 18, 1945.