United States · Delaware limitation periods
How does Delaware’s six-month estate extension interact with claim presentation?
Section 8113’s six-month death-based protection requires a limitation unexpired in life. Title 12 separately controls presentation and rejection; one death date cannot settle them.
- Period
- Conditional 6-month death-based protection alongside estate claim periods
- Trigger
- Death, underlying unexpired period and timely estate presentation
- Rule
- 10 Del. C. § 8113
Current official Delaware Code text and separately identified 2026 court rules reviewed. Establish historical applicability independently.
Source guide · No automated date
How does Delaware’s six-month estate extension interact with claim presentation?
One death-date input cannot compare the unexpired underlying limitation with estate presentation, exceptions and later rejection. No complete filing or paid date is computed.
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Which event controls this 10 Del. C. § 8113 inquiry?
Establish that the underlying chapter 81 period had not expired during the defendant’s lifetime and identify the actual executor or administrator.
The first sentence states six months from death. Do not replace a later otherwise available period with an earlier six-month date or revive an already expired lifetime claim.
Title 12 section 2102(a) generally requires covered pre-death claims to be presented within eight months of death, unless barred earlier, with its stated exceptions.
Post-death claims, mortgage-bond claims, insured liability, legacy or estate-share claims and rejected claims have their own section 2102 conditions. Presentation and commencement are distinct acts.
10 Del. C. § 8113Which facts must be established before counting?
- Establish that the underlying chapter 81 period had not expired during the defendant’s lifetime and identify the actual executor or administrator.
- The first sentence states six months from death. Do not replace a later otherwise available period with an earlier six-month date or revive an already expired lifetime claim.
- Title 12 section 2102(a) generally requires covered pre-death claims to be presented within eight months of death, unless barred earlier, with its stated exceptions.
- Post-death claims, mortgage-bond claims, insured liability, legacy or estate-share claims and rejected claims have their own section 2102 conditions. Presentation and commencement are distinct acts.
- No fixed date is computed. Establish the actual statutory events, applicable period and qualifications first. Calendar months and years do not replace the missing comparison or legal classification.
- Preserve the actual initiating complaint, praecipe, applicable fees and completed transmission. Complete required service separately.
A calendar anniversary does not select the missing branch or supply the legal facts. No computed or paid date is published.
10 Del. C. § 8113What distinguishes the statutory inquiries?
Fictitious comparison. Two defendants die on the same date. One creditor’s ordinary period expired before death and another’s remains open well afterward. The shared six-month anniversary does not decide either claim’s complete estate requirements.
One death-date input cannot compare the unexpired underlying limitation with estate presentation, exceptions and later rejection. No complete filing or paid date is computed.
Which qualifications change this inquiry?
- Unexpired in life
- The section 8113 condition expressly requires the action’s period not to have expired during the person’s lifetime.
- Estate nonclaim rule
- Section 2102 has separate pre-death and post-death presentation branches and listed exclusions. Section 2104 prescribes presentation methods.
- Rejection after presentation
- A properly presented claim later rejected needs the separate notification and three-month commencement analysis.
- 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.
- Establish the applicable edition and actual legal facts independently.
- One death-date input cannot compare the unexpired underlying limitation with estate presentation, exceptions and later rejection. No complete filing or paid date is computed.
Which facts and completed acts should be preserved?
Questions about 10 Del. C. § 8113
How does Delaware’s six-month estate extension interact with claim presentation?
Does death revive an already expired claim?
The first sentence expressly requires that the period had not expired during life.
10 Del. C. § 8113Is six months the estate presentation period?
No. Section 2102 separately supplies its estate presentation branches and exceptions.
12 Del. C. § 2102(a)–(g)Can I ignore presentation if the ordinary period is longer?
No. The applicable Title 12 nonclaim conditions require separate analysis.
12 Del. C. § 2104Official Delaware sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| 10 Del. C. § 8113 | This particular statutory procedure and its conditions |
| 12 Del. C. § 2102(a)–(g) | The individually identified statutory or judicial qualification |
| 12 Del. C. § 2104 | The individually identified statutory or judicial qualification |
| 10 Del. C. § 8121 | The individually identified statutory or judicial qualification |
| 10 Del. C. § 8117 | The 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), 79.1 | Superior 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 |