Del. R. Ch. Ct. 184

As amended through December 15, 2023
Rule 184 - Appeals From Registers of Wills and Exceptions to Accounts
(a) Appeals and exceptions; how filed. An appeal from an order, decree or act of the Register of Wills or exceptions to an account of an executor or administrator shall be begun by serving a notice of appeal or a notice of exceptions, as the case may be, in duplicate, in the form hereinafter specified, in the manner provided in Rule 5(b).
(b) Notice of appeal or exceptions; form. A notice of appeal or a notice of exceptions shall specify the party or parties taking the appeal or exceptions; shall designate the order, decree, act or account, or part thereof, sought to be reviewed and shall name the Register of Wills or executor or administrator from which the appeal or exceptions are taken. As to exceptions, the notice shall contain a statement of the nature of the exceptions with particularity.
(c) Duty of Register in Chancery and Register of Wills. Upon the filing of a notice of appeal or a notice of exceptions the Register in Chancery shall forthwith forward the duplicate thereof to the Register of Wills. Upon receipt of said duplicate the Register of Wills shall transmit the record to this Court as hereinafter provided.
(d) Records.
(1) Record on appeal or on exceptions. Appeals and exceptions shall be heard on the original papers and exhibits which shall constitute the record in this Court.
(2) Record: Contents. Within 10 days after receipt by the Register of Wills of the duplicate notice of appeal or notice of exceptions, as the case may be, the Register of Wills shall transmit to the Register in Chancery all of the original papers including the transcript of testimony, if any, and all exhibits except such as may be omitted by written stipulation of all the parties filed with the Register of Wills; and the Register of Wills shall append the certificate identifying such record with reasonable definiteness. The papers comprising the record shall be laid flat in chronological order and bound at the top. With the record sent to this Court, the Register of Wills shall include a statement of the costs of preparing and certifying the record.
(3) Notice of filing record. Immediately upon filing of the record in this Court, the Register in Chancery shall notify counsel or the parties, if the latter or any of them are not represented by counsel, of the date of such filing.
(4) Return of record. Upon the final disposition of the cause in this Court, the original papers comprising the record so transmitted shall be returned to the custody of the Register of Wills, with the order of this Court.
(5) Additional papers. The Court may direct that any part of the record in the custody of the Register of Wills that has been retained by the Register of Wills pursuant to stipulation or otherwise, be sent to the Register in Chancery.
(e) Nonapplicability. This rule shall not apply to any proceedings concerning estates of persons dying on or after December 25, 1974.

Del. R. Ch. Ct. 184