CHAPTER 165

SETTLEMENT OF PERSONAL ESTATES

AN ACT TO AMEND CHAPTER 98 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO SETTLEMENT OF PERSONAL ESTATES AND DISTRIBUTION.

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

Section 1. That Chapter 98 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended, by striking out all of 3845. Sec. 47. and 3846. Sec. 48. thereof, and inserting in lieu thereof the following:

3845. Sec. 47. The following distributees of an estate, wife, husband, children, father, mother, brother or sister (preference being given in the order named) shall be entitled thereto without awaiting the appointment of a personal representative or the probate of a will when

(a) No petition for the appointment of a personal representative is pending or has been granted, and

(b) Thirty days have elapsed since the death of the deceased, and

(c) The value of the entire assets of the estate, not including exempt property, does not exceed ($500.00), and

(d) All known debts have been paid or provided for, and

(e) There is furnished to any person, partnership, or corporation owing any money, having custody of any property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property or right, an affidavit showing the existence of the foregoing conditions and the right of the distributees to receive such money or property or to have such evidences transferred.

3846. Sec. 48. The person, partnership or corporation making payment, delivery, transfer or issuance pursuant to the affidavit described in 3845. Sec. 47 shall be released to the same extent as if made to personal representative of the decedent and he shall not be required to see to the application thereof or to inquire into the truth of any statement in the affidavit, but the distributees to whom payment, delivery, transfer or issuance is made, shall be answerable therefor to any person having a prior right and be accountable to any personal representative thereafter appointed. If the person, partnership or corporation to whom such affidavit is delivered, refuses to pay, deliver, transfer, or issue the property, as above provided, it may be recovered or compelled in an action brought for such purpose by or on behalf of the distributees entitled thereto, upon proof of the facts required to be stated in the affidavit.

Approved April 3, 1947.