CHAPTER 199

FORMERLY

SENATE BILL NO. 210

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND 59 DELAWARE LAWS, CHAPTER 384, BEING THE NEW PROBATE CODE FOR THE STATE OF DELAWARE, BY OFFERING CERTAIN OMNIBUS AMENDMENTS THERETO.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend §2302 (b) and (d), Title 12 of the Delaware Code by striking the words and numeral "sixty (60) days" each time they appear therein, and insert in lieu thereof the words and numberal "three (3) months".

Section 2. Amend §2304, Title 12 of the Delaware Code by striking the phrase "No final approval of the account" and inserting in lieu thereof the phrase "No approval of the final account".

Section 3. Amend §2510, Title 12 of the Delaware Code by adding the words "(per page)" after the word "follows" and above the first number $1.00.

Section 4. Amend §1522 (a), Title 12 of the Delaware Code by adding thereto a new sentence at the end thereof to read as follows:

`The Register may reduce such bond to an amount equal to double the indebtedness incurred by the deceased if, prior to the grant of letters, each beneficiary entitled to share in the distribution of the estate has filed with the Register the following affidavit:

(1) that the beneficiary is aware of the bonding provisions of this section, and (2) that the beneficiary for himself, his heirs, executors and assigns, consents that the bond be reduced to an amount equal to double the indebtedness incurred by the deceased, and further waives any right of recovery he might otherwise have under the bond upon default of the personal representative.'

Section 5. Amend §1522 (b), Title 12 of the Delaware Code by adding thereto a new sentence at the end thereof to read as follows:

The amount of indebtedness incurred by the testator shall not include any amount owed to a creditor who, prior to the grant of letters, has filed with the Register the following affidavit:

(1) that the creditor is aware of the bonding requirements of this section, and

(2) that the creditor, for himself, his heirs, executors, successors and assigns, waives the requirements of this section that the debt owed to him be included in determining the amount of the personal representative's bond, and further waives any right of recovery he might otherwise have under the bond upon default of the personal representative.'

Section 6. Amend §502 (3), Title 12 of the Delaware Code by adding, after the figure '$50,000' the phrase, 'of the interstate personal estate'