Delaware Code

12 Del. C. § 2701 (2026)

Petition for sale of realty to pay decedent’s debts; notice

✓ current as of May 2026

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(a) When the personal estate of a decedent is not sufficient to pay the decedent’s debts, the decedent’s executor or administrator may present to the Court of Chancery of the county in which there is any real estate of the decedent a petition outlining such facts, and praying for an order for sale of the whole, or such part thereof, if the personal estate is not sufficient for that purpose.

(b) Written notice of intention to present such petition, and of the day and place of doing so, shall be given by the executor or administrator at least 10 days in advance to the parties interested or, if any of the parties be minors and have guardians, to such guardians if such parties and guardians reside in the State, and also to the tenants in possession of the premises intended to be sold. If any of the parties or guardians do not reside in the State, there shall, in such case, be such publication or service of notice in respect to them as shall be prescribed by the Court of Chancery, by general rule, or specially directed in any case.

(c) Where the decedent has real estate in more than 1 of the counties of this State the petition may be presented to the Court of Chancery of any of the counties wherein such real estate is located. The Court may, in such action, make an order in relation to any real estate of the decedent located within this State. The Court shall order the part of the proceedings which relates to real estate in a county, other than that where the petition is presented, to be certified and recorded in the Court of Chancery in that county; and the record shall have all the effect of an original record. The sale of any such real estate shall be conducted only in the county wherein such real estate is located.

Code 1852, §§ 1877, 1878; Code 1915, § 3417; Code 1935, § 3877; 12 Del. C. 1953, § 2701; 57 Del. Laws, c. 402, § 3; 59 Del. Laws, c. 384, § 1; 70 Del Laws, c. 186,, § 1;

Notes of Decisions

Cited in 5 cases (3 in the last 5 years), 2015–2023 · leading case: In the Matter of Est. of Lila May Childres (Del. Ch. 2021).

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In the Matter of Est. of Lila May Childres (Del. Ch. 2021). · cites it 3× “Petition to Sell Real Estate to Pay Debts Charisse seeks to sell the Property to pay Estate debts under 12 Del. C. §2701, claiming that Estate debts exceed its assets.”

IMO The Est. of Willie J. Snow (Del. Ch. 2023). · cites it 2× “33 Under 12 Del. C. § 2701, “[w]hen the personal estate of a decedent is not sufficient to pay the decedent’s debts, the decedent’s executor or administrator may present to the Court .”

IN RE Est. of Bennie P. Farren (Del. Ch. 2015). · cites it 3× “The executor accepted the claim as a just debt of the estate, and on July 10, 2013, filed a petition to sell the real property to pay the decedent’s debts under 12 Del. C. § 2701. The lady friend objected to the petition to sell, and filed a petition to remove the son as…”

In re: the Matter of the Est. of Rita J. Francisco (Del. Ch. 2018). “2017-0424-MTZ September 11, 2018 Page 2 estate to pay Decedent’s debts pursuant to 12 Del. C. §§ 2701, et seq. On July 6, 2017, Respondent filed an objection and petitioned to remove Petitioner as personal representative for allegedly neglecting to perform her official duties,…”

IMO the Real Est. of Alvin David Smith, Jr., -&- Carla Cowan v. James E. Fulow (Del. Ch. 2021). “4 See 12 Del. C. § 2701(a) (“When the personal estate of a decedent is not sufficient to pay the decedent’s debts, the decedent’s executor or administrator may present to the Court of Chancery of the county in which there is any real estate of the decedent a petition outlining…”

— 12 Del. C. § 2701(a) — 3 cases

In the Matter of Est. of Lila May Childres (Del. Ch. 2021). “Petition to Sell Real Estate to Pay Debts Charisse seeks to sell the Property to pay Estate debts under 12 Del. C. §2701, claiming that Estate debts exceed its assets.”

IN RE Est. of Bennie P. Farren (Del. Ch. 2015). “The executor accepted the claim as a just debt of the estate, and on July 10, 2013, filed a petition to sell the real property to pay the decedent’s debts under 12 Del. C. § 2701. The lady friend objected to the petition to sell, and filed a petition to remove the son as…”

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