Delaware Code

12 Del. C. § 2103 (2026)

Debts of which notice is presumed

✓ current as of May 2026

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An executor or administrator shall be deemed to have notice only to mortgages (but not of the bonds accompanying such mortgages) and of such judgments as would be liens against real estate at the date of death of the decedent, which mortgages and judgments are of record in the county of this State in which letters were granted upon the estate of the decedent, unless there has been a failure to insert them in the general indices of the office wherein it is proper that they be recorded.

Code 1852, § 1830; Code 1915, § 3374; 38 Del. Laws, c. 181, § 1; Code 1935, § 3839; 47 Del. Laws, c. 116, § 1; 12 Del. C. 1953, § 2103; 59 Del. Laws, c. 384, § 1;

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2019–2025 · leading case: Anthium, LLC v. Shelton (Del. Super. Ct. 2019).

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Anthium, LLC v. Shelton (Del. Super. Ct. 2019). · cites it 2× “First, Plaintiff’s claims arise from “debts of which notice is presumed pursuant to” 12 Del. C. § 2103. Section 2103 provides: An executor or administrator shall be deemed to have notice only to mortgages (but not of the bonds accompanying such mortgages) and of such judgments…”

IMO Est. of Reginald E. Watson, Sr. (Del. Ch. 2025). “See 12 Del. C. § 2103. 36 Tr. at 101:19–22. 37 See PX 9.”

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