Delaware § 1309 Review of proof of will; procedure

Delaware Statutes

§ 1309 — Review of proof of will; procedure

Delaware § 1309

Title12

PartAdministration of Decedents’ Estates

Ch. 13GENERAL PROVISIONS

This text of Delaware § 1309 (Review of proof of will; procedure) 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, § 1309 (2026).

Text

(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.

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