Delaware Code

12 Del. C. § 101 (2026)

Definitions

✓ current as of May 2026

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For the purpose of wills, intestate succession and for all other purposes under this title, the following definitions shall apply:

(1) “Child” includes any individual entitled to take as a child under this title by intestate succession from the parent whose relationship is involved and excludes any person who is only a stepchild, a foster child, a grandchild or any more remote descendant.

(2) “Good faith” means honesty in fact and the observance of reasonable standards of fair dealing.

(3) “Heir” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent and shall include kin and kindred.

(4) “Issue” of a person means all of the person’s lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this title.

(5) “Parent” includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent or grandparent.

(6) “Personal representative” includes executor, administrator, successor administrator and administrator with will annexed, and persons who perform substantially the same function under the law governing their status.

(7) The definitions of “child,” “issue” or “parent” contained in this section shall not limit the right of a testator to provide by will for a definition different from those contained in this section.

59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 352, § 1;

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1976–2024 · leading case: Wilmington Trust Co. v. Chichester, 369 A.2d 701 (Del. Ch. 1976).

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Wilmington Trust Co. v. Chichester, 369 A.2d 701 (Del. Ch. 1976). “At 12 Del.C. § 101 the following definitional language has, as of December 25, 1974, become a part of our law relating to decedents’ estates and fiduciary relations: “For the purpose of wills, intestate succession and for all other purposes under this title, the following…”

Alberta Dewey v. Mildred Arce (Del. Ch. 2020). · cites it 2× “Conclusion Based upon the reasons set forth above, I treat Defendant Alberta Arce’s revised motion to dismiss as a motion for summary judgment and find that Alberta has not met her burden of demonstrating that no material issues of fact are in dispute and that she is entitled to…”

In Re: the Trust Fbo Samuel Frances Dupont Under Trust Agreement Dated August 4, 1936 (power of Appointment Trust) (Del. Ch. 2018). “93 Beck responds that a constructive trust claim fails, because there is no authority imposing a constructive trust over trust assets based upon misconduct of a beneficiary 92 See 12 Del. C. § 101 (emphasis added); Merriam-Webster.”

S.C. & R.P. v. K.G. (Del. Ch. 2024). “This is facially supported by 12 Del. C. § 101(6), which defines “Personal Representative” as, inter alia, an estate “administrator” and those “who perform substantially the same function .”

— 12 Del. C. § 101(1) — 1 case

Alberta Dewey v. Mildred Arce (Del. Ch. 2020). “Conclusion Based upon the reasons set forth above, I treat Defendant Alberta Arce’s revised motion to dismiss as a motion for summary judgment and find that Alberta has not met her burden of demonstrating that no material issues of fact are in dispute and that she is entitled to…”

— 12 Del. C. § 101(4) — 1 case

Alberta Dewey v. Mildred Arce (Del. Ch. 2020). “Conclusion Based upon the reasons set forth above, I treat Defendant Alberta Arce’s revised motion to dismiss as a motion for summary judgment and find that Alberta has not met her burden of demonstrating that no material issues of fact are in dispute and that she is entitled to…”

— 12 Del. C. § 101(6) — 1 case

S.C. & R.P. v. K.G. (Del. Ch. 2024). “This is facially supported by 12 Del. C. § 101(6), which defines “Personal Representative” as, inter alia, an estate “administrator” and those “who perform substantially the same function .”

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