§ 2104 — Manner of presentation of claims

Claims against a decedent’s estate may be presented as follows:

(1) The claimant may deliver or mail to the personal representative a written statement of claim indicating its basis, the name and address of the claimant and the amount claimed, or may file a written statement of claim, in the form prescribed by rule of the Court of Chancery, with the Register of Wills. The claim is deemed presented on the first to occur of the receipt of the written statement of claim by the personal representative, or the filing of the claim with the Register of Wills. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to describe correctly the security, the nature of any uncertainty and the due date of a claim not yet due does not invalidate the presentation made.

(2) The claimant may commence a proceeding against the personal representative in any court where the personal representative may be subject to jurisdiction, to obtain payment of the claim against the estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of the decedent’s death.

Legislative History

Code 1852, §§ 1832-1835, 1837; Code 1915, §§ 3376, 3377; Code 1935, §§ 3841, 3842; 48 Del. Laws, c. 232, § 1 ; 12 Del. C. 1953, § 2104; 59 Del. Laws, c. 384, § 1 ; 70 Del. Laws, c. 186, § 1