§ 2307 — Effect of distribution without letters

(a) The person making payment, delivery, transfer or issuance pursuant to the affidavit described in § 2306 of this title shall be released to the same extent as if made to the personal representative of the decedent and the person shall not be required to see to the application thereof or to inquire into the truth of any statement in the affidavit, but the distributees to whom payment, delivery, transfer or issuance is made shall be answerable therefor to any person having a prior right and be accountable to any intestate distributee or to any personal representative thereafter appointed.

(b) If the person to whom an affidavit is delivered pursuant to § 2306 of this title refuses to pay, deliver, transfer or issue the property, it may be recovered or compelled in an action brought in the Court of Chancery for such purposes by or on behalf of the distributees entitled thereto, upon proof of the facts required to be stated in the affidavit.

Legislative History

26 Del. Laws, c. 259, § 2 ; Code 1915, § 3381; 30 Del. Laws, c. 209, § 1 ; Code 1935, § 3846; 46 Del. Laws, c. 165, § 1 ; 12 Del. C. 1953, § 2306; 59 Del. Laws, c. 68, § 2 ; 59 Del. Laws, c. 384, § 1 ; 70 Del Laws, c. 186,, § 1