Who Inherits If You Die Without a Will in Delaware

Surviving spouse: everything if the decedent left no descendants and no parent. If the decedent left a parent but no descendants, or left descendants who are all also the surviving spouse's descendants, the spouse takes the first $50,000 of personal property plus half of the rest of the personal property, plus a life estate in the real estate. If any of the decedent's descendants are not the surviving spouse's, the spouse takes half of the personal property plus a life estate in the real estate. Whatever does not go to the spouse goes to the decedent's descendants (by family branch), then parents equally, then the parents' descendants (siblings and their lines), then next of kin. An heir must outlive the decedent by 120 hours.

A surviving spouse of a person who lived in Delaware may elect to take one-third of the elective estate (which includes many non-probate transfers), minus what the spouse already receives from the decedent. The spouse must file a petition in the Court of Chancery and mail or deliver it to the personal representative within 6 months after letters are granted (the court can extend this if asked before the deadline).

If the decedent's personal property (not counting jointly owned property and certain exempt items) is worth $50,000 or less and the decedent owned no Delaware real estate in their own name or as a tenant in common, a spouse, close relative, trustee of the decedent's trust, a qualified named executor or a licensed Delaware funeral director can collect the personal property by sworn affidavit. At least 30 days must have passed since death, no personal representative petition can be pending or granted, all known debts must be paid or provided for, and the surviving spouse's allowance must be paid, provided for, waived or expired. The affidavit is given to whoever holds the property.