Delaware § 1303 Notice and subpoena to persons interested

Delaware Statutes

§ 1303 — Notice and subpoena to persons interested

Delaware § 1303

Title12

PartAdministration of Decedents’ Estates

Ch. 13GENERAL PROVISIONS

This text of Delaware § 1303 (Notice and subpoena to persons interested) 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, § 1303 (2026).

Text

Proof of a will may be taken without notice to persons interested, unless such a person requests it by petition filed with the Court of Chancery. Upon receiving such petition, the Court shall, and in any case it may, appoint a time for taking the proof, and issue subpoena, requiring any person to be present at the taking of such proof. In respect to persons not within the State it may order such service or publication of notice as it deems proper.

Free access — add to your briefcase to read the full text and ask questions with AI

Proof of a will may be taken without notice to persons interested, unless such a person requests it by petition filed with the Court of Chancery. Upon receiving such petition, the Court shall, and in any case it may, appoint a time for taking the proof, and issue subpoena, requiring any person to be present at the taking of such proof. In respect to persons not within the State it may order such service or publication of notice as it deems proper.

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, § 1304; 59 Del. Laws, c. 384, § 1