Delaware Code

12 Del. C. § 2312 (2026)

Payment of legacies; refusal to pay or deliver; bond; interest

✓ current as of May 2026

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(a) Any legacy, if no time is appointed, shall be payable 1 year from the date of the first appointment of a personal representative.

(b) Payment or delivery of any legacy may be refused if it is apparent that there are not assets for the purpose; and a personal representative, if the representative knows of any demand, whether outstanding or potential, shall not be obliged to pay or deliver a legacy or distributive share unless the person entitled shall, with sufficient security, become bound to the executor or administrator by a joint and several obligation, in a penalty double the value of the legacy or share, with condition to be void if the person receiving the legacy or share, or the person’s executors or administrators, in case of a deficiency of assets of the decedent for the payment of all the just demands and charges against the decedent’s estate and all legacies by the decedent duly given, without such share or legacy or part thereof, shall refund and pay to the executor or administrator, or the person’s executors, administrators or assigns, the sum or value of the legacy or distributive share, with interest, or such portion thereof as justly and lawfully ought to be contributed on occasion of such deficiency.

(c) Except where circumstances justify a longer period, pecuniary legacies shall bear interest at the rate of 4 percent per annum payable from the estate beginning 13 months after the first appointment of a personal representative until payment unless a contrary intent is indicated by the will.

(d) If a legacy is to be paid before the expiration of the first year from the date of the first appointment of a personal representative, security may be required, although no claim against the estate is known.

Code 1852, §§ 1845, 1846; Code 1915, § 3388; Code 1935, § 3853; 12 Del. C. 1953, § 2312; 59 Del. Laws, c. 384, § 1; 70 Del Laws, c. 186,, § 1; 75 Del. Laws, c. 299, § 5;

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1966–2022 · leading case: May v. DuPont, 216 A.2d 870 (Del. 1966).

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May v. DuPont, 216 A.2d 870 (Del. 1966). · cites it 3× “12 Del.C. § 2312 provides: “§ 2312. Payment of legacies; refusal to pay or deliver; bond “(a) When there is a specific bequest of a thing in the possession of the testator at his death, and no time is appointed for its delivery, it may be demanded immediately upon the…”

May v. duPont, 229 A.2d 784 (Del. 1967). · cites it 2× “After trial, the Chancery Court held (1) that the matter was before it not under 12 Del.C. § 2312 but under the Chancery Court’s general jurisdiction over fiduciaries 3 ; (2) that the security furnished by the petitioners in connection with the delivery of the assets “is…”

IMO Theodore Brans (Del. Ch. 2018). “19 12 Del. C. § 2312. IMO Theodore J. Brans C.”

arrie Heathcote Ballantine v. Kristen H. Latham (Individually & in Off. capacity as & Adm'r of the Est. of Luther T. Heathc (Del. Ch. 2022). “Under 12 Del. C. §2312(a), legacies are payable one year from the date of the first appointment of a personal representative, which would be April 6, 2023.”

— 12 Del. C. § 2312(a) — 1 case

— 12 Del. C. § 2312(b) — 1 case

May v. DuPont, 216 A.2d 870 (Del. 1966). “12 Del.C. § 2312 provides: “§ 2312. Payment of legacies; refusal to pay or deliver; bond “(a) When there is a specific bequest of a thing in the possession of the testator at his death, and no time is appointed for its delivery, it may be demanded immediately upon the…”

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