Delaware § 2904 Death, incapacity and disability

Delaware Statutes

§ 2904 — Death, incapacity and disability

Delaware § 2904

Title7

PartTransfers

Ch. 29TRANSFER OF FINFISH, EEL FISHING AND SHELLFISH PERMITS AND LICENSES

This text of Delaware § 2904 (Death, incapacity and disability) 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. 7, § 2904 (2026).

Text

(a)In the event of the death of a permit or license holder covered by this chapter any permit or license of the decedent may be transferred as follows:

(1)The decedent may by will or other written document designate the recipient of any permit or license, provided however, that if the recipient is not eligible to receive the permit or license under the provisions of § 2903 of this title, the recipient shall have 2 years from the date of death of the permit or license holder to transfer the permit or license to an eligible person, otherwise the permit or license shall be relinquished.

(2)If the decedent has not designated the recipient of the permit or license as provided in paragraph (a)(1) of this section above, the executor or personal representative of the estate of the decedent sh

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(a) In the event of the death of a permit or license holder covered by this chapter any permit or license of the decedent may be transferred as follows:

(1) The decedent may by will or other written document designate the recipient of any permit or license, provided however, that if the recipient is not eligible to receive the permit or license under the provisions of § 2903 of this title, the recipient shall have 2 years from the date of death of the permit or license holder to transfer the permit or license to an eligible person, otherwise the permit or license shall be relinquished.

(2) If the decedent has not designated the recipient of the permit or license as provided in paragraph (a)(1) of this section above, the executor or personal representative of the estate of the decedent shall be entitled to transfer any permit or license to an eligible person within 2 years of the date of death of the permit or license holder, otherwise the permit or license shall be relinquished.

(3) The provisions of this subsection (a) shall apply to any permit or license holder who died on or after January 1, 2010.

(b) In the event of the mental incapacity of a permit or license holder, the guardian, attorney-in-fact, or other person authorized to act on behalf of the incapacitated license or permit holder, shall be entitled to transfer any permit or license to an eligible person within 2 years of the date the guardian, attorney-in-fact, or other person authorized to act on behalf of the incapacitated license or permit holder is entitled to act on behalf of the incapacitated permit or license holder, otherwise the permit or license shall be relinquished.

(c) In the event of the physical disability of a permit or license holder, the permit or license holder with the disability shall be entitled to assign any permit or license to an eligible person in accordance with § 2902 of this title.

(d) Any person authorized to act on behalf of any permit or license holder pursuant to subsections (a) and (b) of this section shall be entitled to assign the permit or license in accordance with § 2902 of this title to an eligible person prior to the time of transfer or relinquishment of the permit or license.