What Happens If You Die Without a Will in Delaware?
Without a will in Delaware, descendants divide what passes to them per stirpes12 Del. C. § 503Verified Sep 10, 2026View source, and an heir must survive the decedent by 120 hours12 Del. C. § 504Verified Sep 10, 2026View source to inherit.
Delaware intestacy law decides. Delaware follows separate property rules12 Del. C. § 502Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Issue of your parents; Next of kin; The State of Delaware (escheat)12 Del. C. § 502Verified Sep 10, 2026View source.
The surviving spouse's share in Delaware depends on the family. With no children: If no surviving parents: entire estate. If parent(s) survive: first $50,000 of personal estate plus 1/2 of balance plus life estate in real estate12 Del. C. § 502Verified Sep 10, 2026View source. With shared children: Personal property: first $50,000 plus 1/2 of the balance. Real estate: life estate only (children own the remainder)12 Del. C. § 502Verified Sep 10, 2026View source. When a child from a prior relationship survives: Personal property: 1/2 (no $50,000 preferential share). Real estate: life estate only (children own the remainder)12 Del. C. § 502Verified Sep 10, 2026View source.
Delaware divides per stirpes12 Del. C. § 503Verified Sep 10, 2026View source: the estate is divided into equal branches at the children's generation, and a deceased child's share passes to that child's own descendants.
Delaware requires an heir to survive the decedent by 120 hours12 Del. C. § 504Verified Sep 10, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir.
Under Delaware intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. A will or trust is how a stepchild or an unmarried partner is provided for. The Delaware will signing requirements set out what a valid will takes.
Is this your situation?
Get a complete guide for your specific circumstances.
Inheritance
Inheriting assets brings responsibility. How to manage, protect, and plan for inherited wealth — including tax implications and trust options.
Learn more
Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
Learn more
Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
Learn moreForms for Planning and Settling an Estate in Delaware
Free Delaware forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Renunciation of Executor
In Delaware, a person named as personal representative may renounce the right to serveKent County Register of Wills Forms Library (Renunciation Form, Rev. 9.11.2025); 12 Del. C. § 1502(b)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Delaware, the Distribution Without Lettersdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source covers estates with personal property of $50,000delcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source or less, 30 daysdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Delaware, the personal representative files the estate inventory within 90 daysDel. Code tit. 12, §§ 1904, 1905, 1908, 1910Verified Sep 15, 2026View source of appointment.
Estate Closing
In Delaware, the personal representative is discharged by court order12 Del. C. §§ 2302(d), 2303(a), 2335, 2338(a)Verified Sep 15, 2026View source, and a final accounting is required.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Delaware, a will is signed before 212 Del. C. § 202Verified Sep 15, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimony12 Del. C. § 202Verified Sep 15, 2026View source.
Healthcare Power of Attorney
Delaware requires 116 Del. C. § 2511Verified Oct 15, 2026View source witness for a healthcare power of attorney; notarization is not required16 Del. C. § 2511Verified Oct 15, 2026View source.
Financial Power of Attorney
Delaware requires explicit durability language for a power of attorney to survive incapacity12 Del.C. §§ 49A-104, 49A-105, 49A-106, 49A-109, 49A-113, 49A-114, 49A-119, 49A-120, 49A-201, 49A-204 through 49A-217, 49A-301; 25 Del.C. §§ 151, 155Verified Sep 18, 2026View source, and it is signed before 112 Del.C. §§ 49A-104, 49A-105, 49A-106, 49A-109, 49A-113, 49A-114, 49A-119, 49A-120, 49A-201, 49A-204 through 49A-217, 49A-301; 25 Del.C. §§ 151, 155Verified Sep 18, 2026View source witness and a notary.
Tools for Planning and Settling an Estate in Delaware
Free calculators and checklists for planning or settling an estate in Delaware: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Delaware costs an estimated $33,96412 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2.5%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source to 3.9%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Delaware allows you to name your own agent in a signed, written documentDel. Code tit. 12, §§ 262, 265; Del. Code tit. 5, §§ 3401-3411Verified Sep 10, 2026View source, and that designation takes priority over the statutory order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Delaware levies no estate or inheritance taxNo state estate or inheritance tax. Estate tax (30 Del. C. ch. 15, §§ 1501-1507) repealed outright by 81 Del. Laws, c. 52, § 1 (HB 16, 149th Gen. Assem.), effective for estates of decedents dying after Dec. 31, 2017; inheritance tax (30 Del. C. ch. 13, §§ 1301-1314) repealed by 71 Del. Laws, c. 353, § 10, effective Jan. 1, 1999; gift tax (30 Del. C. ch. 14) repealed by 71 Del. Laws, c. 130, § 1.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Delaware imposes no inheritance or estate taxNo state estate or inheritance tax. Estate tax (30 Del. C. ch. 15, §§ 1501-1507) repealed outright by 81 Del. Laws, c. 52, § 1 (HB 16, 149th Gen. Assem.), effective for estates of decedents dying after Dec. 31, 2017; inheritance tax (30 Del. C. ch. 13, §§ 1301-1314) repealed by 71 Del. Laws, c. 353, § 10, effective Jan. 1, 1999; gift tax (30 Del. C. ch. 14) repealed by 71 Del. Laws, c. 130, § 1.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 9 months to 12 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Delaware take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates30 Del. C. § 1102(a)(14) (graduated 2.2%–6.6% individual income tax)Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Delaware costs an estimated $33,96412 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source and takes 9 months to 12 months for a simple estate, with attorney fees of typically 2.5%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source to 3.9%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source of the estate. Estates under $50,000delcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Delaware pays executors reasonable compensation12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
When you're ready, we're here.
Delaware Estate Planning Resources
In-depth guides covering Delaware probate laws, trust requirements, and estate planning strategies.