Delaware General Assembly

CHAPTER 183

SETTLEMENT OF ESTATES

AN ACT to Amend Article 4 of Chapter 98 of the Revised Code of Delaware (1915) Relating to Publication of Notice of Administration and the Effect Thereof With Respect to Claims Against the Estate of Decedents, by the Repeal of 3398, Sec. 65, and by Substituting in Lieu Thereof a New Section, to be Known as 3398, Sec. 65.

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 Delaware (1915) be and the same is hereby amended by striking out and repealing all of 3398 Sec. 65 and by substituting in lieu thereof a new Section to be known as 3398, Sec. 65, as follows :

3398, Sec. 65. Notice of Administration ; Publication of ; Effect with Respect to Claims Against the Estate of a Decedent : The Register may and on application shall make and register an order directing an executor or administrator, by advertisements to be posted and published as specified in such order, to give notice of the granting of letters and the date thereof, and requiring all persons having claims against the decedent to exhibit the same to such executor or administrator or abide by the law in this behalf.

The order shall require the advertisements to be posted, within forty days from the grant of letters, in the County Court House and in at least two other public places in the county wherein the decedent resided at the time of his death and, if deemed expedient, to be inserted within the same period in one or more newspapers to be designated therein and reinserted in such newspaper or newspapers not less frequently than once a week for a period of not less than three weeks.

If an executor or administrator shall observe the directions

of such order, all claims against the estate of the decedent,

whether due, not due or contingent, not presented to such executor or administrator in writing with an affidavit provided for in Sec. 43 of this Chapter and of which he shall not have notice as provided in Sec. 41 of this Chapter within one year after the date of the granting of letters to such executor or administrator shall be forever barred ; and any claim not so barred which shall have been rejected by an executor or administrator shall be forever barred unless an action or suit be commenced thereon within three months after the executor or administrator shall have notified the claimant of such rejection by a writing delivered to him in person or mailed to his last address known to the executor or administrator. The foregoing shall not apply to claims for legacies or distributive shares of an estate of a decedent.

The Register shall have authority to take the deposition of a witness or witnesses to prove that the directions in the above mentioned order have been complied with.

Approved April 6, 1933.