The Will After a Death
12 Del. C. § 1301 — the original to the Register of Wills within 10 days of learning of the death
10 days. Anyone holding a paper that is meant to be a person's last will delivers it to the Register of Wills for the county where they live, within 10 days of learning of the death.
Wilfully failing to deliver it makes the holder liable for the damage the failure causes, and failing to after an order of the Court of Chancery is civil contempt.
A surviving spouse may claim an allowance of up to $7,500 in cash from the estate, by written demand to the Register of Wills and the executor or administrator within 9 months of the death or 6 months of the letters, whichever is shorter.
A particular estate is a question for a licensed Delaware attorney or the Register of Wills.
Sources for this section (2)
- 12 Del. C. § 1301 — Production of will; liability
- 12 Del. C. § 2308 — Surviving spouse’s allowance
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.