Delaware Code
12 Del. C. § 2704 (2026)
Order of sale; realty to be sold
✓ current as of May 2026
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The Court of Chancery may, if it appears that there is a deficiency of personal estate for the payment of the decedent’s debts, order that the executor or administrator shall sell the real estate, or a part thereof to be specified in the order, for the purpose of supplying the deficiency. No more shall be sold than the Court deems sufficient for that purpose, unless the Court considers that the condition of any premises is such that a part thereof, merely sufficient, could not be laid off and sold without injury to the whole, in which case the Court may order the whole or any part of such premises to be sold, as may be deemed best for the parties interested.
Code 1852, §§ 1881, 1882; Code 1915, § 3419; Code 1935, § 3879; 12 Del. C. 1953, § 2704; 59 Del. Laws, c. 384, § 1;Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2021–2023 · leading case: IMO The Est. of Willie J. Snow (Del. Ch. 2023).
IMO The Est. of Willie J. Snow (Del. Ch. 2023). “34 12 Del. C. § 2704. But “[n]o more shall be sold than the Court deems sufficient for that purpose, unless the Court considers that the condition of any premises is such that a part thereof, merely sufficient, could not be laid off and sold without injury to the whole, in which…”
In the Matter of Est. of Lila May Childres (Del. Ch. 2021). “153 12 Del. C. §2704; see also 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 [may petition the Court to sell] .”
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