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Del. Code tit. 25, § 215

Liability for creditor claims and statutory allowances

Known as the Uniform Real Property Transfer on Death Act

The act spans §§ 25–25 (21 sections).

85 Del

(a) To the extent that the transferor’s probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, the estate may enforce the liability against property transferred at the transferor’s death by a transfer on death deed.

(b) If more than 1 property is transferred by 1 or more transfer on death deeds, the liability under subsection (a) of this section is apportioned among the properties in proportion to their net values at the transferor’s death.

(c) A proceeding to enforce the liability under this section must be commenced not later than 8 months after the transferor’s death.

Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.