Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies without a valid will in Delaware, the court distributes assets under Delaware’s intestate succession laws (12 Del. C. Chapter 1). These rules determine who inherits the estate in a specific order.
Definition of Intestacy
Intestacy occurs when a person dies without a legally valid will. The state then applies statutory guidelines to transfer assets to heirs.
Decedent Survived by Spouse and Descendants
Under 12 Del. C. § 201:
- All descendants are also descendants of the spouse: The spouse inherits the entire estate.
- All descendants are of the spouse but for one or more children: The spouse receives the first $60,000 plus one-half of the remaining estate; descendants share the other half.
- Some descendants are not of the spouse: The spouse receives the first $60,000 plus one-third of the balance; descendants share two-thirds.
Decedent with Only Descendants (No Spouse)
If there is no surviving spouse, descendants inherit per stirpes under 12 Del. C. § 202. Each branch of the family receives an equal share.
No Spouse or Descendants
If the decedent leaves no spouse or descendants, the estate goes to parents equally under 12 Del. C. § 204. If a parent is deceased, that parent’s issue steps into the share.
Siblings and Next-of-Kin
In the absence of spouse, descendants, and parents, siblings and their descendants inherit under 12 Del. C. § 205.
No Identifiable Heirs
If no eligible heirs exist, the estate escheats to the State of Delaware under 12 Del. C. § 207.
Helpful Hints
- Identify all potential heirs and verify relationships with documentation.
- Obtain a certified death certificate to begin probate proceedings.
- File intestacy proceedings in Delaware’s court promptly to prevent delays.
- Maintain an accurate inventory of assets to ensure proper distribution.
- Consult a probate attorney when multiple heirs or complex family situations arise.