TITLE 12

Decedents' Estates and Fiduciary Relations

Administration of Decedents' Estates

CHAPTER 15. LETTERS TESTAMENTARY AND LETTERS OF ADMINISTRATION

Subchapter III. Death, Removal or Discharge of Executor or Administrator


(a) If an executor or administrator neglects official duties, the Court of Chancery may remove the executor or administrator from office.

(b) If any executor or administrator fails to perform any of the duties imposed upon the executor or administrator under Chapter 15 of Title 30, the Court of Chancery may, upon petition of the Division of Revenue, revoke the same, and the executor's or administrator's bond shall be liable, and the same proceedings shall be had as if the executor's or administrator's administration had been revoked for other cause.

Code 1852, § 1784; 25 Del. Laws, c. 225, § 4; Code 1915, §§ 149, 3346; 37 Del. Laws, c. 8, § 1; 40 Del. Laws, c. 10, § 1; Code 1935, §§ 140, 3811; 12 Del. C. 1953, § 1541; 59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 353, § 5.;

If, after the grant of letters testamentary or the grant of letters of administration, a will of the deceased is admitted to probate and letters testamentary or of administration with the will annexed are thereupon granted, the prior executor or administrator shall by such grant be removed from office. All the previous lawful acts of the removed executor or administrator shall be valid as provided in § 1545 of this title.

Code 1852, § 1785; Code 1915, § 3346; Code 1935, § 3811; 12 Del. C. 1953, § 1542; 59 Del. Laws, c. 384, § 1.;

Whenever an executor or administrator is removed or dies before the estate of the deceased is closed, a coexecutor or coadministrator, or if there be none such, a successor, shall be entitled to receive all the unadministered effects, including books and papers, which, at the time of such removal or death, shall be in the executor's or administrator's hands, or for which the executor or administrator is answerable, just allowances being made.

Code 1852, § 1786; Code 1915, § 3346; Code 1935, § 3811; 12 Del. C. 1953, § 1543; 59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1.;

When part of the effects of the deceased passes from 1 executor or administrator to another under § 1543 of this title, commissions shall not be twice allowed, but may be apportioned or the whole may be allowed to the one who, according to the circumstances, ought to have the same. When commissions have been once allowed, there shall be no more allowed upon the same subject matter, except in cases of apportionment, unless the first allowance is annulled.

Code 1852, § 1787; Code 1915, § 3346; Code 1935, § 3811; 12 Del. C. 1953, § 1544; 59 Del. Laws, c. 384, § 1.;

Any act done by an executor or administrator in the due course of administration, and any payment made by the executor or administrator on account of a legacy or distributive share shall be valid, until it appears to have been erroneously or unlawfully done or made although the executor or administrator shall be removed from office or shall die before closing the estate.

Code 1852, § 1788; Code 1915, § 3346; Code 1935, § 3811; 12 Del. C. 1953, § 1545; 59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1.;

(a) If any executor or administrator who has been removed refuses to deliver to a coexecutor or coadministrator, if there be such, and if not, to a successor, all the unadministered effects belonging to the deceased, which shall be in the executor's or administrator's hands, the Court of Chancery may, in a summary proceeding, upon the petition of such coexecutor, administrator or successor, hear the parties, and make an order for such delivery, and enforce the same by attachment, sequestration or any other process.

(b) The Court of Chancery may also proceed, in like manner, against the personal representative of a deceased executor or administrator, refusing to deliver, according to law, any such effects belonging to the estate of the first testator or intestate which shall come to personal representative's hands.

Code 1852, §§ 1789, 1790; Code 1915, § 3346; Code 1935, § 3811; 12 Del. C. 1953, § 1546; 59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1.;

(a) An executor or administrator may, by petition to the Court of Chancery, apply to be discharged from the office of executor or administrator. Upon such petition and upon it appearing to the Court that the discharge of the executor or administrator will be for the benefit of the parties interested in the estate of the deceased, the Court may grant such discharge and revoke the letters testamentary or of administration, upon such terms and conditions as the Court deems necessary for the security of the estate of the decedent. Notice of such application and of the time and place of hearing the same shall be given to parties interested, by citation served on such as reside within this State, and as to nonresident parties by such publication as the Court directs.

(b) The provisions of law relating to the acts of a removed executor or administrator, the delivery of unadministered effects, books and papers, the remedies for enforcing such delivery and the apportionment of commissions and the fees of the Register of Wills in the proceedings for the removal of an executor or administrator, shall apply to the case of an executor or administrator discharged under this section.

(c) The Court of Chancery may make any order upon a discharged executor or administrator which may be necessary to carry into effect this section, and may enforce such order by attachment, sequestration or any other process.

12 Del. Laws, c. 304, §§ 1-4; Code 1915, § 3403; Code 1935, § 3866; 12 Del. C. 1953, § 1547; 49 Del. Laws, c. 220, § 10; 59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1.;