Del. C. » Title 12 — Administration of Decedents’ Estates · CHAPTER 13. General Provisions · Decedents’ Estates and Fiduciary Relations
Delaware Code

12 Del. C. § 1301 (2026)

Production of will; liability

✓ current as of May 2026
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(a) Any person, having the custody or possession of any instrument of writing purporting to be a last will and testament and intended to take effect upon the death of the testator therein named, shall produce and deliver the same to the Register of Wills for the county in which the person resides, within 10 days from the time the person receives information of the death of the testator.

(b) Any person who wilfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure. Also, any person who wilfully fails to deliver a will after being ordered by the Court of Chancery in a proceeding brought for the purpose of compelling delivery is subject to penalty for civil contempt of Court.

27 Del. Laws, c. 268, §  2;  Code 1915, §  3265;  Code 1935, §  3729;  12 Del. C. 1953, §  1301;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1973–2024 · leading case: IMO: The Est. of Lawrence E. Mergenthaler (Del. Ch. 2024).
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In the Matter of the Lost Will of Elizabeth R. Clark (Del. Ch. 2022). “32 The Movant argues the Petitioner’s claim accrued in or around the Decedent’s death, when the Petitioner received his copy of the Purported Will and failed to provide the Purported Will to the Register of Wills within the 10-day period under 12 Del. C. § 1301(a) or seek to…”
IMO: The Est. of Lawrence E. Mergenthaler (Del. Ch. 2024). “”85 And Count XIII asserts all the Respondents withheld Lawrence’s 2016 will in violation of 12 Del. C. § 1301, and seeks damages. 1. Laches Cheryl argues Counts IV, VII, VIII, and XI should be barred by laches because Petitioner delayed unreasonably in bringing a claim against…”
Satterthwaite v. Jack, 311 A.2d 890 (Del. Ch. 1973). “The statutory provisions in Delaware concerning the probate of wills disclose a similar policy in this State, 12 Del.C. §§ 1301 and 1302. In addition, the policy of this State favors the prompt recordation of deeds, 25 Del.”
12 Del. C. § 1301(a): 1 case
In the Matter of the Lost Will of Elizabeth R. Clark (Del. Ch. 2022). “32 The Movant argues the Petitioner’s claim accrued in or around the Decedent’s death, when the Petitioner received his copy of the Purported Will and failed to provide the Purported Will to the Register of Wills within the 10-day period under 12 Del. C. § 1301(a) or seek to…”
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