SENATE BILL NO. 445
AN ACT TO AMEND CHAPTER 21, TITLE 12, AND CHAPTER 81, TITLE 10, OF THE DELAWARE CODE RELATING TO CLAIMS AGAINST ESTATES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §2102, Chapter 21, Title 12, by striking subsections (a) and (e) thereof and substituting in lieu thereof the following:
"(a) All claims against a decedent's estate which arose before the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort or other legal basis, except debts of which notice is presumed pursuant to §2103 of this Title, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative and the heirs and devisees of the decedent unless presented as provided in §2104 of this Title within eight months of the decedent's death whether or not the notice referred to in §210i of this Title has been given.
(e) No claim for a deficiency or otherwise, based on a bond which has been secured by a mortgage on real estate, may be presented against a decedent's estate, the personal representative and the heirs and devisees of a decedent after the expiration of eight months from the date of the decedent's death.
The failure to present a claim on a bond secured by a mortgage on real estate, in accordance with the foregoing provisions, shall not invalidate the bond so as to prevent the foreclosure of the mortgage on real estate at any time thereafter, but no claim may be asserted against the decedent's estate on or by reason of the bond."
Section 2. Amend §2101, Chapter 21, Title 12, by striking subsection (a) thereof and
substituting in lieu thereof the following:
"(a) The Register of Wills shall give notice as provided in this Section of the
granting of letters. Said notice shall contain the date of grant of letters, the date
of the decedent's death and the name and address of the personal representative and of the personal representative's counsel, if any."
Section 3. Amend §8113, Chapter 81, Title 10, by striking §8113 in its entirety and
replacing it as follows:
"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 the lifetime of the decedent, then the period of limitations provided for In this Chapter shall be extended for a period of 6 months from the date of the decedent's death. If the claim was flied within the proper time with the 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 is commenced thereon within 3 months after the executor or administrator has notified the claimant of such rejection as provided by §2102 of Title 12."
Section 4. This Act shall be effective with respect to the decedents dying on or after
the date of enactment.
Approved July 14, 1988.