§ 8113 — Actions against decedent’s estate

In all actions or claims against an executor or administrator of a decedent’s estate, if the time within which the action could have been brought had not expired in the lifetime of the decedent, then the period of limitations provided for in this chapter shall be extended for a period of 6 months from the date of the decedent’s death. If the claim was filed within the proper time with the executor or administrator the defense of the statute of limitations shall not avail to such executor or administrator if he or she subsequently rejects the claim and action is commenced thereon within 3 months after the executor or administrator has notified the claimant of such rejection as provided by § 2102 of Title 12.

Legislative History

Code 1935, §§ 5143-A; 45 Del. Laws, c. 256 ; 10 Del. C. 1953, § 8112; 66 Del. Laws, c. 374, § 3 ; 70 Del. Laws, c. 186, § 1