Del. Code tit. 12 § 1503

Current through 2024 Legislative Session Act Chapter 269

Section 1503 - Grant of letters to one under an incapacity

If a person named executor shall be under an incapacity, either by reason of minority, physical disability or mental disability, letters testamentary shall be granted upon the removal of the incapacity and upon the giving of bond in accordance with this title. In the meantime, letters testamentary shall be granted to the coexecutor or coexecutors of the person under a disability, if there is 1 or more named who qualify in accordance with this title, but if there is none, or if the coexecutor or coexecutors all fail to qualify, letters of administration, with the will annexed, shall be granted in accordance with this title.

12 Del. C. § 1503

59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1.;