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Home→Tools→Who Inherits Calculator→Delaware

What Happens If You Die Without a Will in Delaware?

Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.

Frequently Asked Questions

Delaware intestacy laws determine who inherits when there is no will.12 Del. C. § 502Verified Apr 14, 2026 Delaware follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.

The surviving spouse's share in Delaware depends on family structure.12 Del. C. § 502Verified Apr 14, 2026 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 estate.. With shared children: Personal property: first $50,000 plus 1/2 of the balance. Real estate: life estate only (children own the remainder).. When children from a prior relationship survive: Personal property: 1/2 (no $50,000 preferential share). Real estate: life estate only (children own the remainder)..

Delaware uses the "per stirpes" distribution method.12 Del. C. § 503Verified Apr 14, 2026 Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. Per stirpes

Delaware requires an heir to survive the decedent by 120 hours to inherit.12 Del. C. § 502Verified Apr 14, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Under Delaware intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.12 Del. C. § 502Verified Apr 14, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Delaware will signing requirements page outlines what is needed to execute a valid will.

Probate costs in Delaware depend on estate size and complexity. Estates valued at $30,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Delaware probate cost calculator for a detailed estimate.

Intestacy Laws in Delaware

Delaware intestacy law gives the surviving spouse a share that depends on the family structure. With no children, the spouse receives 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 estate.12 Del. C. § 502Verified Apr 14, 2026. When shared children survive, the share changes to Personal property: first $50,000 plus 1/2 of the balance. Real estate: life estate only (children own the remainder).12 Del. C. § 502Verified Apr 14, 2026.

Assets passing to children and descendants in Delaware are divided by Per stirpes12 Del. C. § 503Verified Apr 14, 2026. The state also imposes a 120 hours12 Del. C. § 502Verified Apr 14, 2026 survival requirement, meaning an heir who dies within that window is treated as having predeceased the decedent.

Intestate estates in Delaware valued under $30,000§ 2306Verified Apr 14, 2026 may qualify for a simplified transfer procedure that avoids formal probate. Use the Delaware probate calculator to estimate costs for larger estates.

A revocable living trust overrides Delaware intestacy law and bypasses probate. Assets in the trust transfer privately to named beneficiaries without the delays, costs, or public exposure of the probate process.

SimplyTrustSimplyTrust Editorial·Updated April 14, 2026

Legal Sources

  • § 2306
  • 12 Del. C. § 502
  • 12 Del. C. § 503

Data sourced from Delaware statutes and official state code. How we research.

Delaware Estate Planning Resources

In-depth guides covering Delaware probate laws, trust requirements, and estate planning strategies.

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See Who Inherits

Select your state and answer questions about your family to see how your estate would be distributed under intestacy law.

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This calculator provides general information about intestate succession and is not legal advice. Intestacy laws vary by state and situation. Consult a licensed attorney in your state for guidance specific to your family.

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