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The Spouse's Share

12 Del. C. § 901 — a third of the elective estate, claimed in the Court of Chancery within 6 months of the letters

When a married person domiciled in Delaware dies, the surviving spouse may elect to take one third of the elective estate, less what the person already transferred to the spouse.

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6 months. The election is made by petition in the Court of Chancery, delivered to the personal representative, within 6 months after letters testamentary or of administration are granted. The Court may extend the time for cause.

  • 12 Del. C. § 906

The elective estate reaches more than the will does. A particular estate is a question for a licensed Delaware attorney.

Sources for this section (2)
  1. 12 Del. C. § 901 — Right to elective share
  2. 12 Del. C. § 906 — Proceeding for elective share; time limit

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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