Delaware Code

12 Del. C. § 2304 (2026)

Estate tax returns or affidavits

✓ current as of May 2026
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(a) Whenever a return required under Chapter 15 of Title 30 has been filed and the correct tax and additions to tax, if any, have been paid, a certificate to that effect shall be filed by the Director of Revenue with the Register of Wills of the counties in which the letters have been granted and in which the decedent owned real property.

(b) When no return is required under Chapter 15 of Title 30, and

(1) Real property passed to any person by virtue of joint ownership with right of survivorship or tenancy by the entireties with the decedent, or

(2) Letters have been granted by the Register of Wills in any county and the decedent owned real property,

then an affidavit in a form approved by the Director of Revenue shall be filed by the personal representative (as defined in § 1501 of Title 30 [repealed]) with the Register of Wills of the counties in which the real property is located. The Director of Revenue may require a copy of said affidavit be filed with the Division of Revenue.

(c) [Repealed.]

25 Del. Laws, c. 225, §  4;  Code 1915, §  149;  37 Del. Laws, c. 8, §  140 Del. Laws, c. 10, §  1;  Code 1935, §  140;  12 Del. C. 1953, §  2303;  59 Del. Laws, c. 384, §  160 Del. Laws, c. 199, §  264 Del. Laws, c. 252, §  667 Del. Laws, c. 15, §  470 Del. Laws, c. 71, §  170 Del. Laws, c. 186, §  171 Del. Laws, c. 353, §  975 Del. Laws, c. 198, §  377 Del. Laws, c. 85, §  779 Del. Laws, c. 11, §  181 Del. Laws, c. 52, § 1
Notes of Decisions
Cited in 2 cases, 1968–1975 · leading case: Vredenburgh v. Jones, 349 A.2d 22 (Del. Ch. 1975).
Vredenburgh v. Jones, 349 A.2d 22 (Del. Ch. 1975). “See also 12 Del.C. § 2304 and 12 Del.C. § 2902. (4) The exceptants demand that the executor he surcharged $59,500 for the total salary and benefits paid to him as an officer and director of Arundel Mining Co.”
In re the Est. of George, 248 A.2d 621 (1968). “Under 12 Del.C. § 2304, no commission is to be allowed “by the Register of Wills” to any executor or administrator who has not complied with certain requirements of the tax laws.”
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