Delaware Code

12 Del. C. § 2109 (2026)

Barring of claims against estates when no letters have been granted within 10 years from death

✓ current as of May 2026
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If no letters have been granted upon the estate of any person within 10 years from the date of the person’s death, all claims of creditors and persons otherwise beneficially interested in the estate, except those evidenced by mortgage or judgment which shall be controlled by the law applicable to mortgages and judgments as heretofore, shall be thereafter barred.

12 Del. C. 1953, §  2109;  52 Del. Laws, c. 33359 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1; 

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: IMO The Est. of Willie J. Snow (Del. Ch. 2023).
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IMO The Est. of Willie J. Snow (Del. Ch. 2023). “June 5, 2009) (rejecting a laches argument made in opposition to a petition to sell property to pay debts of an estate, relying on “the ten-year statute of limitations embodied in 12 Del. C. § 2109”). IMO The Estate of Willie J.”
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