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 by | The spouse's share |
|---|---|
| Survived byNo children or descendants and no parents | The spouse's shareThe entire estate |
| Survived byParents but no descendants | The 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 too | The 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's | The spouse's shareHalf the personal property and a life estate in the real estate |
- 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.
Property held jointly, or with a named beneficiary, passes outside these rules. A particular estate is a question for a licensed Delaware attorney.
Sources for this section (3)
- 12 Del. C. § 502 — Share of spouse
- 12 Del. C. § 503 — Share of heirs other than surviving spouse
- 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.