Delaware § 2312 Payment of legacies; refusal to pay or deliver; bond; interest

Delaware Statutes

§ 2312 — Payment of legacies; refusal to pay or deliver; bond; interest

Delaware § 2312

JurisdictionDelaware

Title12

PartAdministration of Decedents’ Estates

Ch. 23ACCOUNTING AND DISTRIBUTION

Subch.Payment of Legacies or Distributive Shares

This text of Delaware § 2312 (Payment of legacies; refusal to pay or deliver; bond; interest) 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, § 2312 (2026).

Text

(a)Any legacy, if no time is appointed, shall be payable 1 year from the date of the first appointment of a personal representative.

(b)Payment or delivery of any legacy may be refused if it is apparent that there are not assets for the purpose; and a personal representative, if the representative knows of any demand, whether outstanding or potential, shall not be obliged to pay or deliver a legacy or distributive share unless the person entitled shall, with sufficient security, become bound to the executor or administrator by a joint and several obligation, in a penalty double the value of the legacy or share, with condition to be void if the person receiving the legacy or share, or the person’s executors or administrators, in case of a deficiency of assets of the decedent for the paym

Free access — add to your briefcase to read the full text and ask questions with AI

(a) Any legacy, if no time is appointed, shall be payable 1 year from the date of the first appointment of a personal representative.

(b) Payment or delivery of any legacy may be refused if it is apparent that there are not assets for the purpose; and a personal representative, if the representative knows of any demand, whether outstanding or potential, shall not be obliged to pay or deliver a legacy or distributive share unless the person entitled shall, with sufficient security, become bound to the executor or administrator by a joint and several obligation, in a penalty double the value of the legacy or share, with condition to be void if the person receiving the legacy or share, or the person’s executors or administrators, in case of a deficiency of assets of the decedent for the payment of all the just demands and charges against the decedent’s estate and all legacies by the decedent duly given, without such share or legacy or part thereof, shall refund and pay to the executor or administrator, or the person’s executors, administrators or assigns, the sum or value of the legacy or distributive share, with interest, or such portion thereof as justly and lawfully ought to be contributed on occasion of such deficiency.

(c) Except where circumstances justify a longer period, pecuniary legacies shall bear interest at the rate of 4 percent per annum payable from the estate beginning 13 months after the first appointment of a personal representative until payment unless a contrary intent is indicated by the will.

(d) If a legacy is to be paid before the expiration of the first year from the date of the first appointment of a personal representative, security may be required, although no claim against the estate is known.

Legislative History

Code 1852, §§ 1845, 1846; Code 1915, § 3388; Code 1935, § 3853; 12 Del. C. 1953, § 2312; 59 Del. Laws, c. 384, § 1 ; 70 Del Laws, c. 186,, § 1; 75 Del. Laws, c. 299, § 5