Delaware Code
12 Del. C. § 1101 (2026)
Escheat of estates
✓ current as of May 2026
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If any person, being at the time of death seized or possessed of any real or personal estate within this State, dies intestate, without heirs or any known kindred who can inherit and hold the intestate’s estate, such estate is escheat to the State, subject to all legal demands on the same.
Code 1852, § 1587; Code 1915, § 123; Code 1935, § 112; 42 Del. Laws, c. 57, § 1; 12 Del. C. 1953, § 1101; 49 Del. Laws, c. 51; 60 Del. Laws, c. 292, § 1; 70 Del. Laws, c. 186, § 1;Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2022–2025 · leading case: Univar, Inc. v. Geisenberger (D. Del. 2022).
Univar, Inc. v. Geisenberger (D. Del. 2022). “” 12 Del. C. § 1101 et seg. This Court has discussed Delaware’s escheat scheme at length in prior opinions, see Univar v.”
In re the Matter of the Est. of Betty Kay Kalisty (Del. Ch. 2025). “38 12 Del. C. § 1101 (“If any person, being at the time of death seized or possessed of any real or personal estate within this State, dies intestate, without heirs or any known kindred who can inherit and hold the intestate’s estate, such estate is escheat to the State, subject…”
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