Delaware Code Title 12 Sec. 2903 – Recovery of proportionate tax from persons receiving taxable property …
(a) Where any property required to be included in the gross estate does not come into the possession of the executor, administrator or other fiduciary, the executor, administrator or other fiduciary shall recover from whoever is in possession or from the persons interested in the estate the proportionate amount of such tax payable by the persons interested in the estate with which such persons are chargeable under this chapter.
Terms Used In Delaware Code Title 12 Sec. 2903
- Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
- Executor: A male person named in a will to carry out the decedent
- Fiduciary: A trustee, executor, or administrator.
- Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
(b) The Court of Chancery of the county in which any such accounting has been made or in which any such appropriate action or proceeding is pending may, by order, direct the payment of such amount of tax by such persons to the executor, administrator or other fiduciary, in accordance with subsection (a) of this section.
46 Del. Laws, c. 119, § ?1; 47 Del. Laws, c. 405, § ?1; 12 Del. C. 1953, § ?2903; 57 Del. Laws, c. 402, § ?3; 70 Del Laws, c. 186,, § ?1;