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Code · Delaware · Title 12 — Decedents' Estates and Fiduciary Relations · Chapter 13. General Provisions

§ 1308. Caveat against allowance of instrument as will; procedure.

132 words·~1 min read·/de/title-12/chapter-13-general-provisions/1308

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A caveat against the allowance of an instrument as a will shall be received by the Court of Chancery at any time prior to the entry of an order of probate. The caveat having been received, the Court shall appoint a time for hearing and award citations for the parties interested, and order service or publication of notice to the parties not within the State in accordance with § 1303 of this title. If, when a caveat is received, a time be appointed and process issued, it shall not be necessary to adjourn the taking of the proof and hearing; but an adjournment may be decreed, and other process awarded, or order made.
(b)The Court of Chancery may determine the costs occasioned by such caveat and decree the payment thereof.
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