Del. C. » Title 12 — Administration of Decedents’ Estates · CHAPTER 19. Assets of Estates; Inventory and Appraisal · Decedents’ Estates and Fiduciary Relations
Delaware Code

12 Del. C. § 1902 (2026)

Rents and profits of deceased’s real estate as estate assets; possession and repair of real estate

✓ current as of May 2026
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(a) The rents and profits of the real estate of the deceased which shall come into the hands of the executor or administrator shall be assets for the payment of debts, and the executor or administrator shall be chargeable therewith accordingly; and upon a demand of the heir or devisee for such rents and profits it shall be a sufficient answer that the same have been applied to debts against the deceased, or that there are such debts to which they are applicable.

(b) Nothing in this section shall give to the executor or administrator any right of possession of the real estate; but if in possession, the executor or administrator shall, with the rents and profits, keep the premises in tenantable repair.

Code 1852, §  1831;  Code 1915, §  3375;  Code 1935, §  3840;  12 Del. C. 1953, §  1902;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2022 · leading case: Melvin Green v. Gary Shockley (Del. Ch. 2022).
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Melvin Green v. Gary Shockley (Del. Ch. 2022). · cites it 2× “52 See 12 Del. C. §§ 1902, 2301. 53 In his exceptions, Green argues that consideration of the period from Decedent’s death in February 2016 to the Estate’s closing in October 2017 in the partition action is barred by 12 Del.”
Melvin Green v. Gary Shockley (Del. Ch. 2022). · cites it 2× “46 See 12 Del. C. § 1902. 47 See Est.’s First and Final Acct.”
12 Del. C. § 1902(a): 2 cases
Melvin Green v. Gary Shockley (Del. Ch. 2022). “52 See 12 Del. C. §§ 1902, 2301. 53 In his exceptions, Green argues that consideration of the period from Decedent’s death in February 2016 to the Estate’s closing in October 2017 in the partition action is barred by 12 Del.”
Melvin Green v. Gary Shockley (Del. Ch. 2022). “46 See 12 Del. C. § 1902. 47 See Est.’s First and Final Acct.”
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