SENATE SUBSTITUTE NO. 1
FOR SENATE BILL NO. 109
AN ACT TO AMEND CHAPTER 23, TITLE 12, DELAWARE CODE, RELATING TO ACCOUNTING FOR AND DISTRIBUTION OF DECEDENTS' ESTATES.
Be it enacted by the General Assembly of the State of Delaware:
Section 1. Section 2305, Chapter 23, Title 12, Delaware Code, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section to read as follows :
§ 2305. Distribution of decedent's personal property without grant of letters where estate assets do not exceed $7,500
The following classes of distributees of an estate: wife or husband, children, father or mother, brother or sister (preference being given each class of distributees in the order named) shall be entitled to the personal estate without awaiting the appointment of a personal representative or the probate of a will when :
(1) no petition for the appointment of a personal representative is pending or has been granted, and
(2) thirty days have elapsed since the death of the decedent, and
(3) the value of the entire assets of the personal estate, not including exempt property and jointly owned property, does not exceed $7,500, and
(4) all known debts have been paid or provided for, and
(5) decedent did not own solely owned real estate, and
(6) there is furnished to any person 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 evidence transferred.
Section 2. Paragraph (a) of Section 2306, Chapter 23, Title 12, Delaware Code, is amended by striking said paragraph in its entirety and inserting in lieu thereof a new paragraph to read as follows :
"(a) The person making payment, delivery, transfer or issuance pursuant to the affidavit described in Section 2305 of this title, shall be released to the same extent as if made to the personal representative of the decedent and he shall not be required to see 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 intestate distributee or to any personal representative thereafter appointed."
Section 3. This Act shall apply to decedents dying on and after the effective date of this Act.
Approved June 5,1973.