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

12 Del. C. § 1308 (2026)

Caveat against allowance of instrument as will; procedure

✓ current as of May 2026
Find cases: SyfertCases citing this section DE-DELCdelcode.delaware.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(a) A caveat against the allowance of an instrument as a will shall be received by the Court of Chancery at any time prior to the entry of an order of probate. The caveat having been received, the Court shall appoint a time for hearing and award citations for the parties interested, and order service or publication of notice to the parties not within the State in accordance with § 1303 of this title. If, when a caveat is received, a time be appointed and process issued, it shall not be necessary to adjourn the taking of the proof and hearing; but an adjournment may be decreed, and other process awarded, or order made.

(b) The Court of Chancery may determine the costs occasioned by such caveat and decree the payment thereof.

38 Del. Laws, c. 177, §  1;  Code 1935, §  3800;  12 Del. C. 1953, §  1309;  57 Del. Laws, c. 402, §  3;  59 Del. Laws, c. 384, §  1;  66 Del. Laws, c. 373, §  1;  75 Del. Laws, c. 97, §  19;  76 Del. Laws, c. 90, §  18; 
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1976–2024 · leading case: Millman v. Millman, 359 A.2d 158 (Del. 1976).
Sort: Relevance Newest Treatment
Millman v. Millman, 359 A.2d 158 (Del. 1976). “See 12 Del.C. §§ 1308, 1309. 2 . The contestants were given specific bequests, with the residue (including land and farm equipment) left equally to each of the other twelve children.”
John Haldeman v. Marjorie Lee Worrell, & The Est. of Marjorie L. Tyson, by & through its Marjoire L. Worrell (Del. Ch. 2016). “See 12 Del. C. §§ 1308 & 1309. Haldeman’s complaint was timely filed even though he is seeking the remedy of rescission rather than review of proof of will.”
Felicia Bey v. Karen Renee Leake (Del. Ch. 2024). “9, 1978) (referencing Delaware common law permitting caveators to be paid from the applicable estate in “a proper case”); 12 Del. C. § 1308(b) (“The Court of Chancery may determine the costs occasioned by such caveat and decree the payment thereof.”
— 12 Del. C. § 1308(b) — 1 case
Felicia Bey v. Karen Renee Leake (Del. Ch. 2024). “9, 1978) (referencing Delaware common law permitting caveators to be paid from the applicable estate in “a proper case”); 12 Del. C. § 1308(b) (“The Court of Chancery may determine the costs occasioned by such caveat and decree the payment thereof.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.