Del. C. » Title 10 — Procedure · CHAPTER 37. Survival of Actions and Causes of Action; Wrongful Death Actions · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 3701 (2026)

Causes of action generally

✓ current as of May 2026
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All causes of action, except actions for defamation, malicious prosecution, or upon penal statutes, shall survive to and against the executors or administrators of the person to, or against whom, the cause of action accrued. Accordingly, all actions, so surviving, may be instituted or prosecuted by or against the executors or administrators of the person to or against whom the cause of action accrued. This section shall not affect the survivorship among the original parties to a joint cause of action.

Code 1852, §  2295;  Code 1915, §  4154;  Code 1935, §  4637;  47 Del. Laws, c. 383;  10 Del. C. 1953, §  3701; 
Notes of Decisions
Cited in 37 cases (18 in the last 5 years), 1960–2026 · leading case: Yorden v. Flaste, 374 F. Supp. 516 (D. Del. 1974).
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Yorden v. Flaste, 374 F. Supp. 516 (D. Del. 1974). · cites it 3× “Reed’s cause of action survives his death under 10 Del.C. § 3701 4 and passes to his administratrix, 10 Del.”
Holmes v. City of Wilmington, 79 F. Supp. 3d 497 (D. Del. 2015). · cites it 2× “18) Plaintiff counters that the federal and state malicious prosecution claims are separate and distinct causes of action, the former of which is not barred by Delaware’s survival statute, 10 Del.”
Bennett v. Andree, 252 A.2d 100 (Del. 1969). · cites it 2× “She also sued as administratrix under the Survival Statute, 10 Del.C. § 3701., The jury returned a verdict for the plaintiff who moved for a new trial on the issue of damages alone.”
Puma v. Marriott, 294 F. Supp. 1116 (D. Del. 1969). “10 Del.C. § 3701 governs this claim: “All causes of action, except actions for defamation, malicious prosecution, or upon penal statutes, shall survive to and against the executors or administrators of the person to, or against whom, the cause of action accrued.”
Fields v. Huff, 510 F. Supp. 238 (E.D. Ark. 1981). “shall be responsible for all damages to persons and property done or caused by the running of trains .”
Perkins v. Rich, 204 F. Supp. 98 (D. Del. 1962). “The Delaware survival statute, 10 Del.C. § 3701 provides that “all causes of action, except actions for defamation, malicious prosecution, or upon penal statutes, shall survive * * Since specifically excluded from survival, an action for malicious prosecution abates as to…”
Benson v. Lynch, 404 F. Supp. 8 (D. Del. 1975). “§ 3704, and the second cause of action alleged by Benson under the Survival Statute, 10 Del.C. § 3701. Both causes of action are based upon the death of Benson’s wife, June Nelson Benson.”
West v. Wheatley, 313 F. Supp. 656 (D. Del. 1970). “10 Del.C. §§ 3701, 3704. . 42 U.S.C. §§ 1981 , 1983.”
Green v. Connections Cmty. Support Programs, Inc. (D. Del. 2021). · cites it 7× “4 at 6-7) Specifically, DOC Defendants assert that Green is not an executor or administrator of Johnson’s estate and is thus precluded under 10 Del. C. § 3701 from filing a lawsuit as an individual.”
Lunn v. United Aircraft Corp., 182 F. Supp. 12 (D. Del. 1960). · cites it 2× “Laws Chapter 383) a cause of action for personal injuries did not survive the death of the injured person where no suit had been brought by such person; that by the present law, 10 Del.C. § 3701 (as amended by the 1949 Statute) the action for personal injuries does survive; that…”
Staub v. Triangle Oil Co., 349 A.2d 209 (Del. 1975). “§ 5517 which provides: “If removed from premises or excluded therefrom by the landlord or his agent, except under color of a valid court order authorizing such removal or exclusion, the tenant may recover possession or terminate the rental agreement, in either case, recover…”
Reilly v. Turko (Del. Super. Ct. 2022). · cites it 4× “The Estate appears to misapprehend the point of Turko’s statute of limitations argument. Turko is arguing that when the FAC was filed, an estate did not exist because no estate had been opened with the Register of Wills.”
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