Elective Share in Delaware
State-specific overview · Estate & Probate
A surviving spouse receives one-third of the estate if children exist, or one-half if no children survive.
How Delaware treats Elective Share
Delaware's elective share grants a surviving spouse one-third of the probate estate when the deceased has surviving children, and one-half when no children exist. The spouse must make the election within six months of the appointment of a personal representative. Delaware's statute generally follows common-law principles and does not include non-probate assets in the calculation, focusing only on property that passes through the will.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Delaware.