10 Del. C. § 8113

Actions against decedent’s estate

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In all actions or claims against an executor or administrator of a decedent’s estate, if the time within which the action could have been brought had not expired in the lifetime of the decedent, then the period of limitations provided for in this chapter shall be extended for a period of 6 months from the date of the decedent’s death. If the claim was filed within the proper time with the executor or administrator the defense of the statute of limitations shall not avail to such executor or administrator if he or she subsequently rejects the claim and action is commenced thereon within 3 months after the executor or administrator has notified the claimant of such rejection as provided by § 2102 of Title 12.

Code 1935, §§ 5143-A; 45 Del. Laws, c. 256; 10 Del. C. 1953, § 8112; 66 Del. Laws, c. 374, § 3; 70 Del. Laws, c. 186, § 1;

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1975–2022 · leading case: Freedman v. Beneficial Corp.

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Freedman v. Beneficial Corp. (1975) ded “This implied in fact contract would have been breached by publication of the newspaper advertisement on November 13, 1969, and the statute of limitations would have been triggered on that date.”

EDWARD and NANCY KABLAOUI V GERAR PLACE CONDOMINIUM ) ASSOCIATION, and ROGER BINNER, ) DEBRA SALIM, BRIAN COMROE, ) KARE (2022) delch “I do not reach the various arguments offered by Defendant in the Motion, including liability limitations under 10 Del. C. § 8113, the business judgment rule, and laches, see D.”

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