Delaware Code Title 12 Sec. 1309 – Review of proof of will; procedure
(a) Any person interested who shall not voluntarily appear at the time of taking the proof of a will, or be served with citation or notice as provided in § 1303 of this title, shall, at any time within 6 months after the entry of the order of probate, have a right of review which shall on the person’s petition be ordered by the Court of Chancery. Upon such review, there shall be the same proceedings as upon a caveat, and the allowance of the will and granting of letters may be affirmed or the will rejected and the letters revoked.
Terms Used In Delaware Code Title 12 Sec. 1309
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
- Probate: Proving a will
(b) The Court of Chancery may determine the costs occasioned by such review and decree the payment thereof.
Code 1852, §§ ?1770, 1771; Code 1915, § ?3336; 38 Del. Laws, c. 179, § ?1; Code 1935, § ?3801; 12 Del. C. 1953, § ?1310; 49 Del. Laws, c. 117; 57 Del. Laws, c. 402, § ?3; 59 Del. Laws, c. 384, § ?1; 70 Del. Laws, c. 186, § ?1; 75 Del. Laws, c. 97, § ?1;