(a) Any person, having the custody or possession of any instrument of writing purporting to be a last will and testament and intended to take effect upon the death of the testator therein named, shall produce and deliver the same to the Register of Wills for the county in which the person resides, within 10 days from the time the person receives information of the death of the testator.

Need help with a review of a will?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Delaware Code Title 12 Sec. 1301

  • Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Testator: A male person who leaves a will at death.

(b) Any person who wilfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure. Also, any person who wilfully fails to deliver a will after being ordered by the Court of Chancery in a proceeding brought for the purpose of compelling delivery is subject to penalty for civil contempt of Court.

27 Del. Laws, c. 268, § ?2; Code 1915, § ?3265; Code 1935, § ?3729; 12 Del. C. 1953, § ?1301; 59 Del. Laws, c. 384, § ?1; 70 Del. Laws, c. 186, § ?1;