§ 2332 — Petition for decree of distribution; notice required by Constitution

(a) An executor or administrator or any person claiming to have an interest in the estate to be distributed may, at any time after any account has been filed by an executor or administrator, apply to the Court of Chancery in the county in which letters testamentary or of administration were granted upon the estate to be distributed, by a written petition filed in the Court for a decree of distribution of the estate among the persons entitled thereto. Such petition shall have attached to it a certified copy of all accounts that have been theretofore filed by the executor or administrator in the office of the Register of Wills for the county. The petition shall contain the names of all persons known to the petitioner who claim or may claim an interest in the estate to be distributed, together with their post-office addresses so far as known, and shall state whether the executor or administrator of the estate has given the notice required to be given by § 32, article IV of the Constitution of this State, and shall be duly verified.

(b) If at the time the petition is filed the executor or administrator of the estate shall not have given the notice required to be given by § 32, article IV of the state Constitution, the Court shall forthwith order such notice to be given by such executor or administrator within such time as shall be fixed by the Court.

Legislative History

Code 1915, § 3403(a); 38 Del. Laws, c. 184, § 1 ; Code 1935, § 3867; 42 Del. Laws, c. 143, § 1 ; 12 Del. C. 1953, § 2332; 57 Del. Laws, c. 402, § 3 ; 59 Del. Laws, c. 384, § 1