DE HB296 | 2009-2010 | 145th General Assembly


Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: Passed on June 22 2010 - 100% progression
Action: 2010-06-22 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]


This bill amends section 2306 of Delaware’s probate code as it relates to distribution of the decedent’s personal estate without the grant of letters by the Register of Wills when the decedent’s personal estate is valued at less than $30,000 (“the small estate affidavit”). This bill (1) adds the named executor in a decedent’s will to the category of those persons eligible to distribute the decedent’s personal estate without the grant of letters, and (2) lists the named executor as having the first priority among those persons eligible to distribute the decedent’s personal estate without the grant of letters. The named executor will also have priority over the next of kin to take possession of the decedent's motor vehicles and enter any premises for the purpose of removing from said premises the decedent’s clothing to be used for the burial or viewing of the decedent. This bill also clarifies that, although grant of letters by the Register of Wills is not necessary for estates that meet these qualifications, only the Register of Wills may issue that affidavits attesting to the qualifications set forth in section 2306 (i.e., only the Register of Wills can issue a small estate affidavit).

Tracking Information

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An Act To Amend Title 12 Of The Delaware Code Relating To Decedents' Estates.


Roll Calls

2010-06-09 - Senate - Senate Third Reading (Y: 20 N: 0 NV: 1 Abs: 0) [PASS]
2010-04-20 - House - House Third Reading (Y: 41 N: 0 NV: 0 Abs: 0) [PASS]


2010-06-22 Signed by Governor
2010-06-09 Passed by Senate. Votes: Passed 20 YES 0 NO 1 NOT VOTING 0 ABSENT 0 VACANT
2010-06-02 Reported Out of Committee (BANKING) in Senate with 4 On Its Merits
2010-05-04 Assigned to Banking Committee in Senate
2010-04-20 Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2010-03-24 Reported Out of Committee (ECONOMIC DEVELOPMENT/BANKING/INSURANCE/COMMERCE) in House with 7 Favorable, 1 On Its Merits
2010-01-27 Introduced and Assigned to Economic Development/Banking/Insurance/Commerce Committee in House

Delaware State Sources

Bill Comments