Delaware Code Title 12 Sec. 2102 – Limitations on claims against estate
(a) All claims against a decedent‘s estate which arose before or at 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 8 months of the decedent’s death whether or not the notice referred to in § 2101 of this title has been given.
Terms Used In Delaware Code Title 12 Sec. 2102
- Contract: A legal written agreement that becomes binding when signed.
- Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
- Decedent: A deceased person.
- Executor: A male person named in a will to carry out the decedent
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(b) All claims against a decedent’s estate which arise after the death of the decedent, including claims of the State or any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort or other legal basis, unless presented in accordance with § 2104 of this title, are barred against the estate, the personal representatives and the heirs and devisees of the decedent, as follows:
(1) A claim based on a contract with the personal representative, within 6 months after performance by the personal representative is due;
(2) Any other claim, within 6 months after it arises.
(c) Any claim not barred under subsections (a) and (b) of this section which has been rejected by an executor or administrator shall be barred forever unless an action or suit be commenced thereon within 3 months after the executor or administrator has notified the claimant of such rejection by writing delivered to the claimant in person or mailed to the claimant’s last address known to the executor or administrator; provided, however, in the case of a claim which is not presently due or which is contingent or unliquidated, the executor or administrator may consent to an extension of the 3-month period, or to avoid injustice the Court of Chancery, on petition, may order an extension of the 3-month period, but in no event shall the extension run beyond the applicable statute of limitations.
(d) Subsections (a), (b) and (c) of this section shall not apply to claims for legacies or shares of an estate of a decedent.
(e) (1) 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 8 months from the date of the decedent’s death.
(2) 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.
(f) Nothing in this section affects or prevents, to the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which the decedent is protected by liability insurance.
(g) No claim against the estate of any decedent in which letters were granted prior to the effective date of this chapter shall be in any way affected by this section, but as to all such claims this section as it existed prior to the effective date of this chapter shall apply.
Code 1852, §§ ?1855-1858; Code 1915, § ?3398; 38 Del. Laws, c. 183, § ?1; Code 1935, § ?3861; 42 Del. Laws, c. 142, §§ ?1, 3, 4; 12 Del. C. 1953, § ?2102; 50 Del. Laws, c. 377, §§ ?1-3; 58 Del. Laws, c. 493, § ?1; 59 Del. Laws, c. 384, § ?1; 66 Del. Laws, c. 374, § ?1; 70 Del. Laws, c. 186, § ?1; 81 Del. Laws, c. 150, § 1;