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Dying Without a Will

12 Del. C. § 502 — a spouse takes everything only without children or parents, and otherwise $50,000, half the rest, and a life estate

Survived byThe spouse's share
Survived byNo children or descendants and no parentsThe spouse's shareThe entire estate
Survived byParents but no descendantsThe spouse's shareThe first $50,000 of personal property, half the rest of it, and a life estate in the real estate
Survived byDescendants who are all the spouse's tooThe spouse's shareThe first $50,000 of personal property, half the rest of it, and a life estate in the real estate
Survived byDescendants, some not the spouse'sThe spouse's shareHalf the personal property and a life estate in the real estate
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  • What the spouse does not take goes to the descendants, in equal shares by branch.
  • With no descendants, it goes to the parents equally, then to the parents' descendants, then to the next of kin.
  • Someone who does not outlive the person by 120 hours is treated as having died first.
  • 12 Del. C. § 503
  • 12 Del. C. § 504

Property held jointly, or with a named beneficiary, passes outside these rules. A particular estate is a question for a licensed Delaware attorney.

  • 12 Del. C. § 503
Sources for this section (3)
  1. 12 Del. C. § 502 — Share of spouse
  2. 12 Del. C. § 503 — Share of heirs other than surviving spouse
  3. 12 Del. C. § 504 — Requirement that heir survive decedent for 120 hours

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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