Del. C. » Title 12 — Administration of Decedents’ Estates · CHAPTER 21. Debts of and Claims Against Estate · Decedents’ Estates and Fiduciary Relations
Delaware Code

12 Del. C. § 2104 (2026)

Manner of presentation of claims

✓ current as of May 2026
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Claims against a decedent’s estate may be presented as follows:

(1) The claimant may deliver or mail to the personal representative a written statement of claim indicating its basis, the name and address of the claimant and the amount claimed, or may file a written statement of claim, in the form prescribed by rule of the Court of Chancery, with the Register of Wills. The claim is deemed presented on the first to occur of the receipt of the written statement of claim by the personal representative, or the filing of the claim with the Register of Wills. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to describe correctly the security, the nature of any uncertainty and the due date of a claim not yet due does not invalidate the presentation made.

(2) The claimant may commence a proceeding against the personal representative in any court where the personal representative may be subject to jurisdiction, to obtain payment of the claim against the estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of the decedent’s death.

Code 1852, §§  1832-1835, 1837;  Code 1915, §§  3376, 3377;  Code 1935, §§  3841, 3842;  48 Del. Laws, c. 232, §  1;  12 Del. C. 1953, §  2104;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1971–2023 · leading case: Witco Corp. v. Beekhuis, 822 F. Supp. 1084 (D. Del. 1993).
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Witco Corp. v. Beekhuis, 822 F. Supp. 1084 (D. Del. 1993). “12 Del.C. § 2104 provides, in pertinent part: Claims against a decedent’s estate may be presented as follows: (1) The claimant may deliver or mail to the personal representative a written statement of claim indicating its basis, the name and address of the claimant and the…”
In re Est. of Graham, 275 A.2d 253 (Del. Ch. 1971). · cites it 2× “Two questions of law are raised in the memoranda: (1) must a claim for funeral expenses be probated under 12 Del.C. § 2104(a), and (2) may the Funeral Home recover interest on any money due it? A.”
Hart v. Parker, No. N19C-01-087 CLS (Del. Super. Ct. Oct. 29, 2019). · cites it 2× “412 Del. C. § 2104(1}H(2). 5 Def. The Estate of Daniel Parker’s Mot.”
Genesis Recovery Servs., Inc. v. Edward L. Jordan,III -Adm'r of the Est. of Sireta Snead, No. CPU6-21-001174 (Del. Ct. Com. Pl. Mar. 31, 2023). · cites it 2× “* Pursuant to 12 Del. C. § 2104(2), [T]he claimant may commence a proceeding against the personal representative in any court where the personal representative may be subject to jurisdiction, to obtain payment of the claim against the estate, but the commencement of the…”
Hart v. Parker, No. 472, 2019 (Del. July 9, 2020). “6 not the notice referred to in [12 Del. C. § 2104] has been given.’ Thus, it does not matter when the Plaintiffs learned of Mr.”
12 Del. C. § 2104(2): 1 case
Genesis Recovery Servs., Inc. v. Edward L. Jordan,III -Adm'r of the Est. of Sireta Snead, No. CPU6-21-001174 (Del. Ct. Com. Pl. Mar. 31, 2023). “* Pursuant to 12 Del. C. § 2104(2), [T]he claimant may commence a proceeding against the personal representative in any court where the personal representative may be subject to jurisdiction, to obtain payment of the claim against the estate, but the commencement of the…”
12 Del. C. § 2104(a): 1 case
In re Est. of Graham, 275 A.2d 253 (Del. Ch. 1971). “Two questions of law are raised in the memoranda: (1) must a claim for funeral expenses be probated under 12 Del.C. § 2104(a), and (2) may the Funeral Home recover interest on any money due it? A.”
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