§ 2702 — Application by creditor to compel sale of realty; procedure

A creditor of the decedent may apply to the Court of Chancery of the county wherein the letters were granted to issue a citation to an executor or administrator to appear before it, on a day to be therein mentioned, to show cause why the creditor shall not present a petition to the Court for the purpose mentioned in § 2701 of this title. The citation shall be served at least 10 days before its return. If upon a hearing it appears that there is a deficiency of assets for the payment of the decedent’s debts, and that the creditor will be remediless without the sale of the real estate, or part thereof, then the Court may order the executor or administrator to present such petition to it on or before such date to be fixed by the Court as will enable the notice required by § 2701 of this title to be given.

Legislative History

Code 1852, §§ 1812, 1879, 1880; Code 1915, §§ 3366, 3418; Code 1935, §§ 3831, 3878; 12 Del. C. 1953, § 2702; 57 Del. Laws, c. 402, § 3 ; 59 Del. Laws, c. 384, § 1 ; 70 Del Laws, c. 186,, § 1