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. § 1541 (2026)

Removal for neglect of duties

✓ current as of May 2026
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(a) If an executor or administrator neglects official duties, the Court of Chancery may remove the executor or administrator from office.

(b) If any executor or administrator fails to perform any of the duties imposed upon the executor or administrator under Chapter 15 of Title 30 [repealed], the Court of Chancery may, upon petition of the Division of Revenue, revoke the same, and the executor’s or administrator’s bond shall be liable, and the same proceedings shall be had as if the executor’s or administrator’s administration had been revoked for other cause.

Code 1852, §  1784;  25 Del. Laws, c. 225, §  4;  Code 1915, §§  149, 3346;  37 Del. Laws, c. 8, §  1;  40 Del. Laws, c. 10, §  1;  Code 1935, §§  140, 3811;  12 Del. C. 1953, §  1541;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 353, §  5; 
Notes of Decisions
Cited in 10 cases (9 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). · cites it 2× “§ 1530) ; (c) for neglect of duties (12 Del.C. § 1541 (a)); (d) upon the request of the State Tax Department (12 Del.”
IMO the Est. of Gary M. Gusoff (Del. Ch. 2024). · cites it 3× “ter under advisement; WHEREAS, administrators of Delaware estates serve in a fiduciary capacity and are “responsible for compiling the inventory of Decedent’s estate, managing the Decedent’s assets, and paying the Decedent’s debts[;]”16 administrators further have “a duty of…”
Carl Wanamaker v. Sandra Wanamaker (Del. Ch. 2024). · cites it 2× “The Respondent should be removed as personal representative of the Decedents’ estates under 12 Del. C. § 1541. 12 Del. C. § 1541 provides “[i]f an executor or administrator neglects official duties, the Court of Chancery may remove the executor or administrator from office.”
In re Est. of Wilbert Octavis Mable, Sr. (Del. Ch. 2022). “28 12 Del. C. § 1541(a). 29 See, e.g., Scholl v.”
arrie Heathcote Ballantine v. Kristen H. Latham (Individually & in Off. capacity as & Adm'r of the Est. of Luther T. Heathc (Del. Ch. 2022). ““Delaware follows the ‘American Rule,’ which provides that each party is generally expected to pay its own attorneys’ fees regardless of the outcome of the litigation.”
Lynne Sachs v. Caren Sachs & Steven Sachs (Del. Ch. 2023). “On July 17, 2020, Caren filed a petition to remove Lynne as administrator under 12 Del. C. § 1541. C.A. No. 2020-0592-SEM.”
In the Matter of the Est. of Terrance D. Newton, Sr. (Del. Ch. 2023). “Under 12 Del.C. § 1541(a), the Court may remove an administrator of an estate if they neglect their official duties.”
In the Matter of the Est. of John L. O'Neill (Del. Ch. 2024). “ANALYSIS Pursuant to 12 Del. C. § 1541(a), the Court of Chancery may remove an administrator or executor who neglects their official duties.”
In the Matter of the Est. of John L. O'Neill (Del. Ch. 2024). “ANALYSIS Pursuant to 12 Del. C. § 1541(a), the Court of Chancery may remove an administrator or executor who neglects their official duties.”
Robert J. Stearn, Jr. v. Barbara T. Dewson (Del. Ch. 2024). “2 Id. WHEREAS, The petition alleges that Barbara T.”
— 12 Del. C. § 1541(a) — 6 cases
IMO the Est. of Gary M. Gusoff (Del. Ch. 2024). “ter under advisement; WHEREAS, administrators of Delaware estates serve in a fiduciary capacity and are “responsible for compiling the inventory of Decedent’s estate, managing the Decedent’s assets, and paying the Decedent’s debts[;]”16 administrators further have “a duty of…”
In re Est. of Wilbert Octavis Mable, Sr. (Del. Ch. 2022). “28 12 Del. C. § 1541(a). 29 See, e.g., Scholl v.”
arrie Heathcote Ballantine v. Kristen H. Latham (Individually & in Off. capacity as & Adm'r of the Est. of Luther T. Heathc (Del. Ch. 2022). ““Delaware follows the ‘American Rule,’ which provides that each party is generally expected to pay its own attorneys’ fees regardless of the outcome of the litigation.”
In the Matter of the Est. of Terrance D. Newton, Sr. (Del. Ch. 2023). “Under 12 Del.C. § 1541(a), the Court may remove an administrator of an estate if they neglect their official duties.”
In the Matter of the Est. of John L. O'Neill (Del. Ch. 2024). “ANALYSIS Pursuant to 12 Del. C. § 1541(a), the Court of Chancery may remove an administrator or executor who neglects their official duties.”
— 12 Del. C. § 1541(b) — 1 case
In re Est. of Reed, 270 A.2d 834 (Del. Ch. 1970). “§ 1530) ; (c) for neglect of duties (12 Del.C. § 1541 (a)); (d) upon the request of the State Tax Department (12 Del.”
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