SETTLEMENT OF PERSONAL ESTATES-REGISTER OF WILLS
AN ACT to amend Article 1 of Chapter 98 of the Revised Code of this State, relating to the Settlement of Estates.
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 the State of Delaware be, and it is hereby amended by repealing 3334 Sec. 1 thereof and by substituting in lieu thereof the following new section to be known as 3334 Sec. 1.
"3334 Sec. 1. A Will shall be proved before the Register of the County in which the testator resided at the time of his death. if he do not reside in the State, it may be proved before the Register of any County wherein are any goods, or chattels, rights, or credits, or lands, or tenements, of the deceased. When proved, it: shall be recorded in the Register's office ; and the record, or an office copy thereof, shall be sufficient evidence in respect to both real and personal estate. The original shall be preserved in said office.
Such proof may be taken without notice to persons interested, unless a party request it. Upon such request, the Register shall, and in any case he may, appoint a time for taking the proof, and award citations, which he may issue into any County, for citing all persons to be present (those voluntarily appearing excepted), at the taking of such proof. In respect to parties not within the State, he may order such service or publication of notice, as he may deem proper.
In case any attesting and subscribing witness to a will shall be dead, or not within the State at the time such will is presented for probate, proof of the signature of such witness shall be sufficient. If that cannot be made, then proof of the signature of the testate shall be sufficient.
Nuncupative wills shall be admitted to probate and proved, when and as provided by Article 2 of Chapter Ninety-three.
Wills of non-residents of this State, probated or admitted to record without this State, may be admitted to probate and recorded in this State, when and as provided by Article 3 of Chapter Ninety-three.
Persons having custody or possession of a last will or testament, not having produced the same for probate within ten days of the death of the testator, may be cited by the Register to produce and deposit the same in his office for probate, when and as provided by Section 28 of Chapter Ninety-three.
Approved April 12, A. D. 1927.