How to claim your share of a deceased parent’s estate in Delaware when there is no will

Short answer: If your mother died without a will in Delaware, her assets pass under Delaware’s intestacy rules. You generally must identify the estate assets, open a probate administration (or use a small‑estate procedure if eligible) in the county where she lived, prove your relationship to her, and ask the register of wills or the court to appoint an administrator who will collect assets, pay debts and distribute what remains to the heirs under Delaware law. This article explains each step and what to expect. This is educational information only and not legal advice.

What “died without a will” (intestate) means in Delaware

“Intestate” means the decedent left no valid will. Delaware law sets a default order for who inherits and in what shares when someone dies intestate. Those rules are found in the Delaware Code governing decedents’ estates (Title 12). For the text of the statutes, see the Delaware Code, Title 12 (Decedents’ Estates): https://delcode.delaware.gov/title12/.

Who usually inherits when a parent dies intestate in Delaware

Although exact shares can vary depending on surviving relatives and the family situation, common rules are:

If the deceased has a surviving spouse and no surviving children (descendants), the spouse typically inherits the entire estate.
If the deceased has a surviving spouse and one or more surviving children, the spouse and children share under rules set by statute.
If there is no surviving spouse but there are surviving children, the children usually inherit in equal shares.
If there are no spouse or descendants, the estate generally passes to parents, then siblings, then more remote relatives; if no relatives exist, the property may escheat to the State of Delaware.

Because family facts change the shares, you will likely need to review the statutory provisions or consult the register of wills or an attorney for precise percentages. The Delaware Code (Title 12) contains those distribution rules: delcode.delaware.gov/title12/.

Step‑by‑step: How to claim your share

Confirm intestacy and gather documents. Obtain a certified copy of the death certificate. Gather information about the decedent’s assets (bank accounts, real estate, retirement accounts, life insurance, safe deposit boxes), outstanding debts, and documents that show family relationships (birth certificates, marriage certificates, adoption records).
Locate the correct probate office (Register of Wills). File in the county where your mother lived at death. Delaware has county registers of wills or equivalent probate offices for handling administrations and estate filings. Check the Delaware Courts website for local filing information: https://courts.delaware.gov.
Decide whether you need full probate or a small‑estate procedure. Many estates qualify for simplified or small‑estate procedures that allow heirs to collect certain assets without opening a full administration. Eligibility and procedures vary by jurisdiction and asset type. If the estate is larger or involves real estate, creditors, or disputes, you will probably open a full estate administration.
File a petition for administration (if needed). To start probate, someone (usually a close heir) files a petition asking the court or register to appoint an administrator (often called “administration with will annexed” if a will exists, or “administration” for intestate estates). The petition will include a list of heirs and known assets. The court issues letters of administration authorizing the administrator to act for the estate.
Get appointed as administrator or get someone appointed who will act. The register or court will appoint an administrator. Priority for appointment often follows a statutory order (e.g., spouse, adult children, other heirs). Letters of administration are the official document banks and other institutions will want to see.
Collect assets, notify creditors, and pay valid claims. The administrator gathers estate assets, publishes or mails creditor notices as required, and pays valid debts, taxes, and administration expenses. The administrator must follow Delaware procedure and timelines for creditor claims.
Prepare an estate accounting and distribute remaining assets to heirs. After debts and expenses are paid and any required waiting periods expire, the administrator distributes the estate according to Delaware intestacy rules. Documentation showing distribution is usually filed with the probate office.
Title transfers and other follow‑up. Transfer real estate deeds, change account ownership where allowed, and provide heirs with documentation they need to retitle assets.

Documents you will likely need

Certified death certificate
Photo ID for petitioner/administrator
Birth certificates, marriage certificates, adoption records (to prove relationship)
Account statements, deeds, titles, insurance policies
List of creditors and outstanding bills
Any beneficiary designations (retirement accounts, life insurance) — note: beneficiary designations typically control outside probate

Common issues and how to handle them

Disputes about who is an heir. If family relationships are unclear, documentation or a court proceeding to determine heirs may be necessary.
Assets with beneficiary designations. Accounts with named beneficiaries (e.g., IRAs, 401(k)s, life insurance) usually pass directly to the beneficiary and do not go through probate.
Real estate in another state. If your mother owned property outside Delaware, ancillary probate in that state may be required.
Creditors or tax issues. The administrator must follow statutory notice and claims procedures to avoid personal liability for unpaid estate obligations.

When you might not need an attorney

If the estate is small, assets are straightforward, there are no disputes, and heirs agree on who will serve as administrator, you may be able to use a small‑estate affidavit or handle administration with guidance from the register of wills. However, if the estate is complex, includes real estate, has creditor claims, or family disagreements, consult an attorney experienced in Delaware probate and estate administration.

How long does it take?

Probate timelines vary. Simple administrations can take a few months; estates that require creditor notice periods, tax filings, or litigation can take a year or more. The administrator should keep heirs informed and follow the court’s schedule.

Where to get official procedural information

Delaware’s statutes and procedural rules for decedents’ estates are in Title 12 of the Delaware Code: https://delcode.delaware.gov/title12/. For local filing procedures and contact information for the register of wills or probate office in the county where your parent lived, consult the Delaware Courts website: https://courts.delaware.gov. The register of wills or clerk’s office can usually tell you whether a small‑estate option applies and which forms you must file.

Helpful hints

Obtain multiple certified death certificates — institutions typically require originals.
Search for estate paperwork immediately: insurance policies, retirement account statements, titles and deeds, and a list of recurring bills.
Check beneficiary designations before opening probate — those assets often pass outside probate.
If possible, gather family documents proving relationships before you file; courts rely on birth, marriage and adoption records.
Keep detailed records and receipts of all estate transactions; the administrator must account for handling of estate funds.
Talk with the register of wills early — staff can explain local filing steps and small‑estate procedures.
Consider an experienced probate attorney if the estate contains real estate, business interests, contested heirship, or likely creditor claims.

Disclaimer: This article explains general Delaware probate and intestacy concepts for educational purposes only. It is not legal advice and does not create an attorney‑client relationship. For advice about your situation, contact a licensed attorney in Delaware or the appropriate register of wills.