Del. C. » Title 12 — Administration of Decedents’ Estates · CHAPTER 15. Letters Testamentary and Letters of Administration · Decedents’ Estates and Fiduciary Relations
Delaware Code

12 Del. C. § 1507 (2026)

Successor administrator; personal representative of executor or administrator; administration during pendency of litigation

✓ current as of May 2026
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(a) Upon the removal or resignation from office, or upon the death or incapacity of a sole executor or administrator, or if there are more than 1, all of them, administration shall be granted to a successor administrator or administrators in accordance with this title as though such administration were an original administration.

(b) A personal representative of a deceased executor or administrator shall not represent (unless expressly appointed) and shall have no personal liability or responsibility with respect to the estate being executed or administered by such decedent, other than to notify the Register of Wills of the death of the decedent’s executor or administrator.

(c) Administration during the pendency of litigation concerning proof of a will or the right to administer, or during the absence of a personal representative appointed in accordance with the foregoing provisions of this title, may be granted by the Register of Wills of the county in which the decedent was domiciled, in the case of a domiciliary decedent, or by the Register of any county, in the case of a nondomiciliary decedent, as such Register, in the Register ’s discretion, may deem appropriate. In the case of a nondomiciliary decedent, the administration which shall first be lawfully granted shall extend to all the estate of the decedent within Delaware, and shall exclude the jurisdiction of the Register for any other county during the pendency of such litigation or during the absence of such a personal representative.

Code 1852, §§  1780-1782;  Code 1915, §  3344;  Code 1935, §  3809;  12 Del. C. 1953, §  1507;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1970–2022 · 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). “Carroll argues that § 1310 should not be strictly construed in light of 12 Del.C. § 1507(c), which provides: “Administration during the pendency of a litigation concerning a will, or the right to administer, or during the absence of an executor, may be granted according to the…”
In re Est. of Wilbert Octavis Mable, Sr. (Del. Ch. 2022). “34 Should any dispute remain following the Register’s 31 12 Del. C. §1507(c). 32 D.I. 37. 33 See Court of Chancery, Rule Amendments Effective January 1, 2015, https://www.”
— 12 Del. C. § 1507(c) — 2 cases
In re Est. of Reed, 270 A.2d 834 (Del. Ch. 1970). “Carroll argues that § 1310 should not be strictly construed in light of 12 Del.C. § 1507(c), which provides: “Administration during the pendency of a litigation concerning a will, or the right to administer, or during the absence of an executor, may be granted according to the…”
In re Est. of Wilbert Octavis Mable, Sr. (Del. Ch. 2022). “34 Should any dispute remain following the Register’s 31 12 Del. C. §1507(c). 32 D.I. 37. 33 See Court of Chancery, Rule Amendments Effective January 1, 2015, https://www.”
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