Delaware Code Title 19 Sec. 1106 – Deceased employees
(a) In the event of the death of an employee the wages due the employee by an employer not in excess of $300 may, upon proper demand, be paid in the absence of actual notice of the pendency of probate proceedings without requiring letters testamentary or of administration in the following order of preference to decedent‘s:
(1) Surviving children under 21 years of age, to the parent, guardian or other person having custody of such child, in equal shares;
(2) Surviving spouse;
(3) Surviving children 21 years of age and over, in equal shares;
(4) Parents, in equal shares or survivor.
Terms Used In Delaware Code Title 19 Sec. 1106
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Decedent: A deceased person.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Probate: Proving a will
(b) Payments under this section shall be a release and discharge of the employer to the amount of such payment.
19 Del. C. 1953, § ?1106; 55 Del. Laws, c. 19, § ?1; 70 Del. Laws, c. 186, § ?1;