Delaware § 1309 Review of proof of will; procedure

Delaware Statutes

§ 1309 — Review of proof of will; procedure

Delaware·Title 12·Part Administration of Decedents’ Estates·Ch. 13 GENERAL PROVISIONS

(a)Any person interested who shall not voluntarily appear at the time of taking the proof of a will, or be served with citation or notice as provided in § 1303 of this title, shall, at any time within 6 months after the entry of the order of probate, have a right of review which shall on the person’s petition be ordered by the Court of Chancery. Upon such review, there shall be the same proceedings as upon a caveat, and the allowance of the will and granting of letters may be affirmed or the will rejected and the letters revoked.

(b)The Court of Chancery may determine the costs occasioned by such review and decree the payment thereof.

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(a) Any person interested who shall not voluntarily appear at the time of taking the proof of a will, or be served with citation or notice as provided in § 1303 of this title, shall, at any time within 6 months after the entry of the order of probate, have a right of review which shall on the person’s petition be ordered by the Court of Chancery. Upon such review, there shall be the same proceedings as upon a caveat, and the allowance of the will and granting of letters may be affirmed or the will rejected and the letters revoked.

(b) The Court of Chancery may determine the costs occasioned by such review and decree the payment thereof.

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Legislative History

Code 1852, §§ 1770, 1771; Code 1915, § 3336; 38 Del. Laws, c. 179, § 1 ; Code 1935, § 3801; 12 Del. C. 1953, § 1310; 49 Del. Laws, c. 117 ; 57 Del. Laws, c. 402, § 3 ; 59 Del. Laws, c. 384, § 1 ; 70 Del. Laws, c. 186, § 1 ; 75 Del. Laws, c. 97, § 1