What Happens When an Estate Is Insolvent in Delaware?
Enter the estate's assets and the claims in each class of Delaware's payment order to see which claims are paid in full, which are paid in part, and which go unpaid, along with when the executor is personally liable.
Frequently Asked Questions
An estate is insolvent when the claims against it exceed the assets available to pay them. Delaware then pays the claims in 12 classes, in the order its statute sets, and the classes at the end of the order are the ones left unpaid when the money runs out12 Del. C. § 2105Verified Sep 23, 2026View source.
1. Surviving spouse’s allowance12 Del. C. § 2105(a)(1)Verified Sep 23, 2026View source. 2. Funeral expenses12 Del. C. § 2105(a)(2)Verified Sep 23, 2026View source. 3. Child support arrears or retroactive support due at death12 Del. C. § 2105(a)(3)Verified Sep 23, 2026View source. 4. Last-sickness medicine, medical attendance, nursing and necessaries12 Del. C. § 2105(a)(4)Verified Sep 23, 2026View source. 5. Household or farm wages (up to 1 year)12 Del. C. § 2105(a)(5)Verified Sep 23, 2026View source. 6. Taxes imposed by the State12 Del. C. § 2105(a)(6)Verified Sep 23, 2026View source. 7. Rent (up to 1 year)12 Del. C. § 2105(a)(7)Verified Sep 23, 2026View source. 8. Judgments and money decrees against the decedent12 Del. C. § 2105(a)(8)Verified Sep 23, 2026View source. 9. Recognizances, mortgages and other obligations of record12 Del. C. § 2105(a)(9)Verified Sep 23, 2026View source. 10. Obligations and contracts under seal12 Del. C. § 2105(a)(10)Verified Sep 23, 2026View source. 11. Contracts under hand for money or goods12 Del. C. § 2105(a)(11)Verified Sep 23, 2026View source. 12. Other demands12 Del. C. § 2105(a)(12)Verified Sep 23, 2026View source.
In proportion to their amounts: each claim in the class receives the same share of what it is owed12 Del. C. § 2105(b)Verified Sep 23, 2026View source.
Delaware's statutes state no rule on the personal representative's personal liability for the decedent's debts, paying a later class before an earlier class is paid in full or distributing property to heirs while claims are unpaid.
A person named in the will files a written renunciation with the court (Kent County Register of Wills Forms Library (Renunciation Form, Rev. 9.11.2025); 12 Del. C. § 1502(b)). The writing is signed and acknowledged before a notary. Renunciation of Executor for Delaware
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