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

12 Del. C. § 1309 (2026)

Review of proof of will; procedure

✓ current as of May 2026
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(a) Any person interested who shall not voluntarily appear at the time of taking the proof of a will, or be served with citation or notice as provided in § 1303 of this title, shall, at any time within 6 months after the entry of the order of probate, have a right of review which shall on the person’s petition be ordered by the Court of Chancery. Upon such review, there shall be the same proceedings as upon a caveat, and the allowance of the will and granting of letters may be affirmed or the will rejected and the letters revoked.

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

Code 1852, §§  1770, 1771;  Code 1915, §  3336;  38 Del. Laws, c. 179, §  1;  Code 1935, §  3801;  12 Del. C. 1953, §  1310;  49 Del. Laws, c. 117;  57 Del. Laws, c. 402, §  3;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 97, §  1; 
Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1970–2024 · leading case: In re Est. of Reed, 270 A.2d 834 (Del. Ch. 1970).
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In re Est. of Reed, 270 A.2d 834 (Del. Ch. 1970). “Caveat proceedings are governed by 12 Del.C. § 1309, which directs that the “ * * * Register shall appoint a time for hearing and award citations for the parties interested, * * * ” (Emphasis added.”
In the Matter of the Est. of Lila Mae Childres, No. 2018-0462-PWG (Del. Ch. Mar. 25, 2020). · cites it 3× “20 12 Del. C. § 1309; see, e.g., In re Skinner, 1995 WL 694461 , at *2 (Del.”
Zachary U. Jackson v. Jacqueline Edwards, No. C.A. No. 2024-0227-LM (Del. Ch. July 24, 2024). · cites it 3× “Respondent filed this Motion to Dismiss under Court of Chancery Rule 12(b)(6) and 12 Del. C. § 1309 on March 28, 2024. 13 L.”
Nationwide Mut. Ins. Co. v. Am. Indep. Ins. Co., No. N18C-01-213 EMD, 2018 WL 2263653 (Del. Super. Ct. May 17, 2018). · cites it 2× “38 The Chancery Court went on to hold that the Savings Statute does not apply to “statutes of creation,” like 12 Del. C. § 1309(a), whose limitation periods cannot be satisfied by filing in just any forum.”
Christine Muirhead v. Perry Mace, No. CA 2017-0569-PWG (Del. Ch. Dec. 19, 2018). · cites it 2× “6 Perry argues that Jason seeks to “end-run the six-month statutory limitations period that he missed to challenge [Herbert]’s will,” and that Jason’s claim to review the proof of will would not relate back to the date that Christine filed the action, since 12 Del. C. § 1309 is…”
Alberta Dewey v. Mildred Arce, No. C.A. No. 2019-0533-PWG (Del. Ch. Apr. 8, 2020). · cites it 2× “”16 Generally, to have standing, a plaintiff must have “(1) suffered an injury in fact – an invasion of a legally protected interest which is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) there must be a causal connection…”
Tina Renee Rambo v. Kimberly S. Fischer, No. C.A. No. 2022-0161-SEM (Del. Ch. Sept. 13, 2022). · cites it 2× “12 Del. C. § 1309(a). This statutory bar “is so clear and unambiguous that this Court has consistently declined to permit any tolling or leniency in its limitations period.”
Weber, Paul E v. Charles J Weber Jr., No. CA 8213-MA (Del. Ch. Apr. 20, 2015). · cites it 2× “In seeking summary judgment, Charles raises the following arguments: (1) Paul’s claim is barred by the doctrines of res judicata and collateral estoppel; (2) the alleged contract between Paul and Charles was not supported by consideration; (3) Michael is not a proper party; (4)…”
John Haldeman v. Marjorie Lee Worrell, & The Est. of Marjorie L. Tyson, by & through its Marjoire L. Worrell, No. CA 8282-MA (Del. Ch. June 16, 2016). “See 12 Del. C. § 1309. 34 In order to establish undue influence, a challenger to a will must demonstrate by the preponderance of evidence: (1) a susceptible testator; (2) the opportunity to exert influence; (3) a disposition to do so for an improper purpose; (4) the actual…”
IMO Est. & Trust of James Kalil, Sr. Kalil v. Kalil, No. CA 11047-MZ (Del. Ch. Feb. 7, 2018). “108 12 Del. C. § 1309. 109 Disabatino v. Diferdinando, 2001 WL 812014 , at *2 (Del Ch.”
In the Matter of the Last Will & Testament of Milton Ray Lomax, No. C.A. No. 2018-0434-PWG (Del. Ch. Oct. 8, 2019). “In this litigation, David is challenging the validity of the 2013 Will under 12 Del. C. § 1309, claiming the Decedent lacked testamentary capacity and the 2013 Will was a product of undue influence.”
In the Matter of Est. of Lila May Childres, No. 2018-0462-PWG (Del. Ch. Aug. 2, 2021). “125 See 12 Del. C. §1309(a); Moore v. Graybeal, 1989 WL 17430 , at *4 (Del.”
Show all 13 citing cases →
12 Del. C. § 1309(a): 3 cases
Nationwide Mut. Ins. Co. v. Am. Indep. Ins. Co., No. N18C-01-213 EMD, 2018 WL 2263653 (Del. Super. Ct. May 17, 2018). “38 The Chancery Court went on to hold that the Savings Statute does not apply to “statutes of creation,” like 12 Del. C. § 1309(a), whose limitation periods cannot be satisfied by filing in just any forum.”
Tina Renee Rambo v. Kimberly S. Fischer, No. C.A. No. 2022-0161-SEM (Del. Ch. Sept. 13, 2022). “12 Del. C. § 1309(a). This statutory bar “is so clear and unambiguous that this Court has consistently declined to permit any tolling or leniency in its limitations period.”
In the Matter of Est. of Lila May Childres, No. 2018-0462-PWG (Del. Ch. Aug. 2, 2021). “125 See 12 Del. C. §1309(a); Moore v. Graybeal, 1989 WL 17430 , at *4 (Del.”
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