Del. Code tit. 12 § 2333

Current through 2024 Legislative Session Act Chapter 269

Section 2333 - Order fixing hearing date and providing for notice

(a) Upon the filing of the petition provided for under § 2332 of this title, the Court of Chancery, after having satisfied itself of the sufficiency of the petition, shall make an order:

(1) Taking jurisdiction of the proceeding;

(2) Setting the application for a decree of distribution down for a hearing before the Court, at a time fixed in such order;

(3) Providing for written notice and delivery of a copy of the petition by certified mail to each person who is named in the petition as a person who claims or may claim an interest in the estate to be distributed, and each such person of whom the Court otherwise has knowledge, and also to the personal representative of the decedent, if the personal representative is not the petitioner in the proceeding;

(4) Providing for the publication of the notice in a newspaper published in the county, at least once a week for at least 4 weeks before the date of such hearing.

(b) The notice shall be mailed and published by and in the name of the

be in substantially the following form:

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN AND FOR

.................... COUNTY

TO ALL PERSONS CLAIMING TO HAVE AN INTEREST IN THE DISTRIBUTION OF THE ESTATE

OF ...................., DECEASED, INCLUDING PERSONS CLAIMING TO BE HEIRS,

LEGATEES, BENEFICIARIES OR OTHER DISTRIBUTEES OF SAID ESTATE.

YOU ARE HEREBY NOTIFIED that an application has been made to the Court of

Chancery of the State of Delaware, in and for .................... County,

for a decree of distribution of the estate of said decedent and that the

application has been set down for a hearing before the Court on the

................ day of .................... A.D. .........., at

................ M., in the courtroom of the Court of Chancery in the County

Courthouse in the City of ...................., Delaware.

You are further notified that if you desire to make any claim to an interest

in the distribution of the estate, or to all or any part of the distributable

amount of the estate, you must appear before the Court at the time and place

aforesaid and present such claim together with any evidence you desire to

present to sustain such claim.

Your failure to appear and present your evidence at the time and place

aforesaid will be at your peril.

......................... .

............ County.

12 Del. C. § 2333

Code 1915, § 3403(a); 38 Del. Laws, c. 184, § 1; Code 1935, § 3867; 42 Del. Laws, c. 143, § 1; 12 Del. C. 1953, § 2333; 57 Del. Laws, c. 402, § 3; 59 Del. Laws, c. 384, § 1; 70 Del Laws, c. 186, § 1.;