(a) Letters of administration with the will annexed, letters of administration, letters of ancillary administration with the will annexed and letters of ancillary administration shall be granted by a Register of Wills to such person or persons as shall be entitled to such letters under this section upon their giving bond in accordance with this title.
(b) (1) The persons entitled to letters of administration shall be those in the first of the following classes of persons which shall have a member of that class living and not under an incapacity: Spouse of the decedent; children of the decedent; parents of the decedent; siblings of the whole blood and half blood of the decedent.
(2) If there shall be more than 1 person living in the first qualifying class mentioned in paragraph (b)(1) of this section, letters of administration shall be granted to all of those persons in the class who give the necessary bond, do not renounce or who are not incapacitated.
(3) If all of the persons in the first qualifying class mentioned in paragraph (b)(1) of this section shall fail to give the necessary bond, renounce or are incapacitated, a Register of Wills shall grant letters of administration to such person or persons as all of them in that class who are not under an incapacity shall have agreed to in writing.
(c) If all of the persons specified in the first class in paragraph (b)(1) of this section which shall have a member of that class living and not under an incapacity shall fail to give the necessary bond, renounce or are incapacitated, and if all of them who are not under an incapacity fail to agree in writing on a person or persons to whom letters of administration shall be granted as provided in paragraph (b)(3) of this section, then any or all of those who fail to agree may petition the Court of Chancery for the grant of letters of administration to their nominee or nominees, and the Court shall grant letters of administration to such person or persons as it, in its discretion, shall determine.
(d) If there shall be no person living in any of the classes specified in paragraph (b)(1) of this section who is not under an incapacity, or if no petition for administration is filed within 60 days from the date of death, then the Register of Wills shall grant letters of administration to such person or persons as the Register, in the Register’s discretion, shall determine.
(e) Any interested person may petition the Register of Wills of a proper county for the appointment of an administrator.
Code 1852,
§
1779;
Code 1915,
§
3343;
Code 1935,
§
3808;
47 Del. Laws, c. 352,
§
1;
12 Del. C. 1953,
§
1505;
59 Del. Laws, c. 384,
§
1;
70 Del. Laws, c. 186,
§
1;
Notes of Decisions
Cited in
7
cases (
6 in the last 5 years), 1974–2025 · leading case:
Hill v. Carman, 61 F.R.D. 583 (D. Del. 1974).
Hill v. Carman, 61 F.R.D. 583 (D. Del. 1974).
“While the Court finds that this power falls within the “core” probate area into which a Court of Chancery will refuse to venture, no problem is envisioned.”
Hart v. Parker (Del. Super. Ct. 2021).
· cites it 2× “25 12 Del. C. § 1505(d) 26 12 Del. C. § 1505(e) 10 administration to an appointed administrator, the Plaintiffs may have no recourse other than the Delaware Court of Chancery.”
In re Est. of Wilbert Octavis Mable, Sr. (Del. Ch. 2022).
· cites it 2× “shall be granted by the Register of Wills …”); 12 Del. C. § 1505(a) (“… letters of ancillary administration … shall be gratned by a Register of Wills ….”
S.C. & R.P. v. K.G. (Del. Ch. 2024).
· cites it 2× “Under 12 Del. C. § 1505, any one of the Siblings was eligible to be appointed as administrator of the estate by the Register of Wills.”
In the Matter of the Lost Will of Elizabeth R. Clark (Del. Ch. 2022).
“§ 1301(a) or seek to administer the Decedent’s estate after the 60- day period in 12 Del. C. § 1505(d). By failing to take these actions, the Movant argues, the Petitioner allowed his interest in the Decedent’s estate, and particularly the Property, “to linger unresolved” for…”
Angela Okafor Carlisle v. Robe Everett (Del. Ch. 2024).
“34 Under 12 Del. C. § 1505(b)(1), The persons entitled to letters of administration shall be those in the first of the following classes of persons which shall have a member of that class living and not under an incapacity: Spouse of the decedent; children of the decedent;…”
IMO Est. of Reginald E. Watson, Sr. (Del. Ch. 2025).
“See also 12 Del. C. § 1505(d), (e) (providing the Register of Wills discretion to grant letters testamentary to any interested person who seeks appointment, if no petition filed within 60 days of death).”
— 12 Del. C. § 1505(a) — 1 case
In re Est. of Wilbert Octavis Mable, Sr. (Del. Ch. 2022).
“shall be granted by the Register of Wills …”); 12 Del. C. § 1505(a) (“… letters of ancillary administration … shall be gratned by a Register of Wills ….”
— 12 Del. C. § 1505(b)(1) — 1 case
Angela Okafor Carlisle v. Robe Everett (Del. Ch. 2024).
“34 Under 12 Del. C. § 1505(b)(1), The persons entitled to letters of administration shall be those in the first of the following classes of persons which shall have a member of that class living and not under an incapacity: Spouse of the decedent; children of the decedent;…”
— 12 Del. C. § 1505(d) — 3 cases
Hart v. Parker (Del. Super. Ct. 2021).
“25 12 Del. C. § 1505(d) 26 12 Del. C. § 1505(e) 10 administration to an appointed administrator, the Plaintiffs may have no recourse other than the Delaware Court of Chancery.”
In the Matter of the Lost Will of Elizabeth R. Clark (Del. Ch. 2022).
“§ 1301(a) or seek to administer the Decedent’s estate after the 60- day period in 12 Del. C. § 1505(d). By failing to take these actions, the Movant argues, the Petitioner allowed his interest in the Decedent’s estate, and particularly the Property, “to linger unresolved” for…”
IMO Est. of Reginald E. Watson, Sr. (Del. Ch. 2025).
“See also 12 Del. C. § 1505(d), (e) (providing the Register of Wills discretion to grant letters testamentary to any interested person who seeks appointment, if no petition filed within 60 days of death).”
— 12 Del. C. § 1505(e) — 2 cases
Hart v. Parker (Del. Super. Ct. 2021).
“25 12 Del. C. § 1505(d) 26 12 Del. C. § 1505(e) 10 administration to an appointed administrator, the Plaintiffs may have no recourse other than the Delaware Court of Chancery.”
In re Est. of Wilbert Octavis Mable, Sr. (Del. Ch. 2022).
“shall be granted by the Register of Wills …”); 12 Del. C. § 1505(a) (“… letters of ancillary administration … shall be gratned by a Register of Wills ….”
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