Intestate Succession in Delaware
State-specific overview · Estate & Probate
Delaware prioritizes the surviving spouse with a significant share, then distributes to descendants and other relatives under statutory succession.
How Delaware treats Intestate Succession
If the deceased leaves a surviving spouse and children, the spouse receives the first $50,000 plus half of the remaining estate, with children inheriting the other half. With no spouse but surviving children, all property passes to children equally or to their descendants per stirpes. Delaware's intestacy law follows a traditional common-law approach, moving to parents, siblings, and more distant relatives only when closer relatives do not survive.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession 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.