Delaware § 3103 Appointment of auditors; duties

Delaware Statutes

§ 3103 — Appointment of auditors; duties

Delaware § 3103

JurisdictionDelaware

Title12

PartAdministration of Decedents’ Estates

Ch. 31SUITS AGAINST EXECUTORS AND ADMINISTRATORS

Subch.Suit for Legacy or Distributive Share

This text of Delaware § 3103 (Appointment of auditors; duties) 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, § 3103 (2026).

Text

If the defense to an action for a legacy is insufficient assets to pay all the debts and legacies, the court shall appoint auditors to examine the accounts of the executor or administrator with the will annexed. The auditors, after full hearing of the parties upon notice to them respectively of the times and places of such hearing, shall report the condition of the accounts, what assets will remain after payment of the debts and what proportion of such residue is properly applicable to the plaintiff’s legacy, having regard to all such settlements of the accounts as may have been made before any court or officer having authority to settle the same.

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If the defense to an action for a legacy is insufficient assets to pay all the debts and legacies, the court shall appoint auditors to examine the accounts of the executor or administrator with the will annexed. The auditors, after full hearing of the parties upon notice to them respectively of the times and places of such hearing, shall report the condition of the accounts, what assets will remain after payment of the debts and what proportion of such residue is properly applicable to the plaintiff’s legacy, having regard to all such settlements of the accounts as may have been made before any court or officer having authority to settle the same.