Detailed Answer

Key ownership categories and how they transfer at death

When someone dies without a will (intestate) in Delaware, how each asset passes depends on how title or beneficiary designation was set up before death. The main categories are:

• Joint ownership with rights of survivorship: If two or more people hold an account or property as joint tenants with rights of survivorship, ownership automatically vests in the surviving joint owner(s) at death. The asset generally does not go through probate.
• Tenancy by the entirety (spouses): Delaware recognizes tenancy by the entirety for married couples. Property held this way belongs to the married couple as a single legal unit; when one spouse dies, the surviving spouse becomes the sole owner automatically.
• Accounts with beneficiary designations (POD/TOD/retirement/life insurance): If a bank account is payable-on-death (POD) or a security has a transfer-on-death (TOD) designation, or if there are named beneficiaries on retirement accounts or life insurance, those designations control and the named beneficiary receives the asset outside probate.
• Assets owned solely by the decedent: Property titled only in the decedents name (no joint owners, no beneficiary) passes under Delawares intestacy statutes and usually requires opening a probate or small estate process handled by the court or the Register of Wills.

How Delaware law governs intestate property

When there is no will, Delaware statutes set who inherits (intestate succession). The close family order is typically: surviving spouse and/or children, then parents, siblings, more distant relatives, and if no relatives are found, the State. The exact shares depend on which relatives survive. For the statutory rules governing disposition of a decedents property, see Delaware Code, Title 12 (Decedents Estates): https://delcode.delaware.gov/title12/.

Examples (hypothetical facts)

Example 1 — Joint bank account with right of survivorship: Alice and Ben hold a checking account as joint tenants with rights of survivorship. If Alice dies without a will, the bank will normally allow Ben to use the account after he provides a death certificate and identification. The money does not go through probate.

Example 2 — Tenancy by the entirety: Carol and Dan own their home as tenants by the entirety. If Dan dies intestate, Carol becomes sole owner automatically and probate is not needed to transfer title.

Example 3 — Sole ownership with no beneficiary: Evelyn dies intestate owning a car and a bank account solely in her name. Those assets will be handled under Delawares intestacy rules and likely require a probate or small estate procedure so the court can appoint someone to collect assets and distribute them to heirs.

What banks and other institutions typically require

Financial institutions usually ask for:

• Certified death certificate;
• Proof of the surviving owners identity and their relationship or ownership interest;
• Copy of account title or beneficiary designation.

If an account is titled jointly with rights of survivorship or has a valid POD/TOD, institutions will normally pay the survivor or designated beneficiary without a probate order. If the ownership is unclear or there is a dispute, the bank may require a court order.

Small estate procedures and probate

For modest estates, Delaware provides simplified procedures so heirs can collect assets without formal probate. Larger or contested estates typically require opening probate under Title 12 so a personal representative (executor or administrator) can be appointed and assets distributed according to Delaware law. For the legal framework governing appointment of personal representatives and probate, consult Delaware Code Title 12: https://delcode.delaware.gov/title12/.

Common complications

• Accounts titled “joint” but without clear rights of survivorship can create disputes.
• Informal beneficiary designations (e.g., writing a name on a deposit slip) may not be effective.
• Creditors can make claims against the decedents probate estate; survivorship and beneficiary designations generally shield assets from probate creditor claims but not always from certain debts.
• Real property may need a deed transfer even when survivorship applies; county recording rules can affect how title is updated.

What to do first after a death

1. Locate the death certificate and request multiple certified copies from the appropriate Delaware office (medical provider or vital records).
2. Check titles and account documentation to identify joint tenancy language, tenancy by the entirety, and beneficiary designations.
3. Contact banks and institutions to report the death and learn their requirements for releasing funds or changing title.
4. If assets appear to require probate or if there is disagreement among survivors, contact the local Register of Wills or consult a Delaware probate attorney.

Where to find official Delaware resources

Delaware Code, Title 12 (Decedents’ Estates): https://delcode.delaware.gov/title12/. For court procedures and forms, visit the Delaware Courts website: https://courts.delaware.gov/.

Helpful Hints

• Obtain several certified copies of the death certificate — banks and government agencies often require originals.
• Look at the exact phrasing on account titles. “Joint tenants with right of survivorship” or “tenancy by the entirety” usually means automatic transfer at death; vague labeling may not.
• Check beneficiary designations on retirement accounts and life insurance — they override wills and intestate rules for those assets.
• Keep copies (not originals) of important documents: deeds, account statements, beneficiary forms, and the decedents identification information.
• If you are a surviving joint owner or beneficiary, talk to the institution early to learn their checklist for accessing funds.
• If theres a dispute or complex asset mix (business interests, out-of-state property, or unclear title), consult a Delaware probate attorney to avoid costly mistakes.
• Remember that probate and intestacy can be time-consuming; planning (wills, beneficiary designations, and clear titling) prevents confusion for survivors.