Delaware § 1302 Proving will

Delaware Statutes

§ 1302 — Proving will

Delaware § 1302

Title12

PartAdministration of Decedents’ Estates

Ch. 13GENERAL PROVISIONS

This text of Delaware § 1302 (Proving will) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 12, § 1302 (2026).

Text

(a)A will shall be proved before the Register of Wills of the county in which the testator was domiciled at the time of death. If the testator was not domiciled in this State, it may be proved before the Register of any county in this State wherein there are any goods or chattels, rights or credits, or lands or tenements of the deceased.

(b)To be effective to prove a transfer of any property or to nominate an executor, a will must be declared to be valid by admission to probate.

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(a) A will shall be proved before the Register of Wills of the county in which the testator was domiciled at the time of death. If the testator was not domiciled in this State, it may be proved before the Register of any county in this State wherein there are any goods or chattels, rights or credits, or lands or tenements of the deceased.

(b) To be effective to prove a transfer of any property or to nominate an executor, a will must be declared to be valid by admission to probate.

Legislative History

Code 1852, §§ 1767, 1768; 18 Del. Laws, c. 674 ; Code 1915, § 3334; 35 Del. Laws, c. 203, § 1 ; Code 1935, § 3799; 12 Del. C. 1953, § 1303; 59 Del. Laws, c. 384, § 1 ; 70 Del. Laws, c. 186, § 1