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United States · Delaware limitation periods

When must a Delaware creditor sue after written estate-claim rejection?

Sections 8113 and 2102(c) ordinarily require suit within three months after qualifying written rejection of a timely estate claim. Special extensions require separate review.

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Period
3-month ordinary rejected-claim commencement component
Trigger
Established written rejection notification under 12 Del. C. § 2102(c)
Rule
10 Del. C. § 8113
10 Del. C. § 8113

Current official Delaware Code text and separately identified 2026 court rules reviewed. Establish historical applicability independently.

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Which event controls this 10 Del. C. § 8113 inquiry?

Use a properly presented, otherwise unbarred claim and legally established rejection notification, with no applicable consent or court-ordered extension. Use an event after June 30, 2020 with no applicable toll or alternative period.

Section 2102(c) requires writing delivered personally or mailed to the claimant’s last address known to the executor or administrator. Preserve the actual writing and delivery or mailing evidence.

For a claim not presently due, contingent or unliquidated, the administrator may consent or Chancery may order an extension to avoid injustice, but not beyond the applicable limitation.

Section 2102’s presentation, legacy or share, mortgage and insurance provisions remain separate. The selected notification event is not the death date or necessarily the date of later actual reading.

10 Del. C. § 8113

How is this disclosed component counted?

  1. Use a properly presented, otherwise unbarred claim and legally established rejection notification, with no applicable consent or court-ordered extension. Use an event after June 30, 2020 with no applicable toll or alternative period.
  2. Exclude the established event day under Superior Court Civil Rule 6(a). Count the stated calendar years or months under 1 Del. C. § 302(13), (24). Intermediate weekends and holidays remain inside these long periods. Apply the eligible final-day rule after the calendar interval.
  3. Check the actual final holiday, court closure and county-specific availability.
  4. Preserve the actual initiating complaint, praecipe, applicable fees and completed transmission. Complete required service separately.

For the disclosed Superior Court branch, Rule 6(a) excludes the event day and rolls a final Saturday, Sunday, legal holiday or Prothonotary closure to the next open day. Common Pleas Rule 6(a) supplies its own equivalent final-day treatment for the disclosed forcible-entry branch. Section 501 defines statutory holidays and weekend observance. Sunday July 4, 2027 is observed on Monday July 5. Sussex County Return Day is a separate half-day holiday in general-election years; the bundled calendar does not determine that county’s filing availability. Check actual closures and declared holidays separately.

These calculators accept selected events after June 30, 2020. They do not model historical emergency extensions. Administrative Order 7 paragraph (7) extended the specified deadlines otherwise expiring March 23 through June 30, 2020 through July 1, 2020. It expressly did not extend or toll deadlines outside that expiration window. This scope refusal does not establish that an actual claim is barred. Wage claims also require accrual on or after April 26, 2023.

Superior Court Civil Rules 3(a), 6(a), 79.1

What does an independently derived example show?

Fictitious example

Use a properly presented, otherwise unbarred claim and legally established rejection notification, with no applicable consent or court-ordered extension. Use an event after June 30, 2020 with no applicable toll or alternative period. Fictitious established facts. Use a properly presented, otherwise unbarred claim and legally established rejection notification, with no applicable consent or court-ordered extension. Use an event after June 30, 2020 with no applicable toll or alternative period. The selected event is May 2, 2027. No additional actual closure, toll, agreement or different statutory branch applies.

Example counting steps
StepWhat is countedDate
Established eventEstablished written rejection notification under 12 Del. C. § 2102(c)May 2, 2027
Disclosed statutory component3-month ordinary rejected-claim commencement componentAugust 2, 2027
Example resultAugust 2, 2027

Fictitious established facts. This result applies only to the disclosed component. It does not decide accrual, classification, tolling, contractual terms, historical applicability or whether the required act occurred.

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Which qualifications change this inquiry?

Timely underlying claim
Section 8113 requires proper-time filing with the executor or administrator, and section 2102(c) requires a claim not barred under its presentation branches.
Written notification
Establish the legally operative personal delivery or mailing under section 2102(c), rather than entering an informal conversation.
Qualified extension
The special not-due, contingent or unliquidated branch permits the stated consent or judicial extension. The ordinary preset does not apply that extension.
Historical statutory and emergency scope
These calculators accept selected events after June 30, 2020. They do not model historical emergency extensions. Administrative Order 7 paragraph (7) extended the specified deadlines otherwise expiring March 23 through June 30, 2020 through July 1, 2020. It expressly did not extend or toll deadlines outside that expiration window. This scope refusal does not establish that an actual claim is barred. Wage claims also require accrual on or after April 26, 2023.
10 Del. C. § 8113
  • Establish the applicable edition and actual legal facts independently.
  • The disclosed calculation does not resolve a different statutory branch, a foreign shorter period or an unmodeled toll.

Which facts and completed acts should be preserved?

Questions about 10 Del. C. § 8113

When must a Delaware creditor sue after written estate-claim rejection?

Does an oral rejection start this ordinary calculation?

Section 2102(c) identifies written notification personally delivered or mailed as stated.

12 Del. C. § 2102(a)–(g)

Does every rejected claim receive exactly three months?

The ordinary period has a qualified extension branch for specified claims. Establish whether that branch applies.

12 Del. C. § 2102(a)–(g)

Are three months ninety days?

No. Delaware defines a month as a calendar month. Preserve notification and the actual commenced action.

1 Del. C. § 302(6), (13), (24)

Official Delaware sources and review

Provisions used (12)
Provisions used in this guide
ProvisionPurpose
10 Del. C. § 8113This particular statutory procedure and its conditions
12 Del. C. § 2102(a)–(g)The individually identified statutory or judicial qualification
1 Del. C. § 302(6), (13), (24)The individually identified statutory or judicial qualification
12 Del. C. § 2104The individually identified statutory or judicial qualification
10 Del. C. § 8121The individually identified statutory or judicial qualification
10 Del. C. § 8117The individually identified statutory or judicial qualification
Delaware Supreme Court Administrative Order 7, June 5, 2020, paragraph (7)The historical extension window and calculator coverage qualification
1 Del. C. § 302(13), (24)Calendar-month and calendar-year definitions
1 Del. C. § 501(a)–(c)Statutory holidays, observed dates and county-specific Return Day
Superior Court Civil Rules 3(a), 6(a), 79.1Superior Court commencement and final-day computation
Superior Court Administrative Directive 2007-6, procedure 6(a)Successful recorded Superior Court transmission by 11:59 p.m. Eastern Time
Court of Chancery Rules 5(d), 6(a)Different Chancery electronic deadlines and court-rule scope
Read the official provision

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