§ 1902 — Rents and profits of deceased’s real estate as estate assets; possession and repair of real estate

(a) The rents and profits of the real estate of the deceased which shall come into the hands of the executor or administrator shall be assets for the payment of debts, and the executor or administrator shall be chargeable therewith accordingly; and upon a demand of the heir or devisee for such rents and profits it shall be a sufficient answer that the same have been applied to debts against the deceased, or that there are such debts to which they are applicable.

(b) Nothing in this section shall give to the executor or administrator any right of possession of the real estate; but if in possession, the executor or administrator shall, with the rents and profits, keep the premises in tenantable repair.

Legislative History

Code 1852, § 1831; Code 1915, § 3375; Code 1935, § 3840; 12 Del. C. 1953, § 1902; 59 Del. Laws, c. 384, § 1 ; 70 Del. Laws, c. 186, § 1