Determining Intestate Heirs of Your Father’s Estate in Delaware

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

When someone dies without a valid will, they die intestate. In Delaware, the state distributes an intestate estate under Title 12, Chapter 3 of the Delaware Code (12 Del. C. §§ 301–319).

To determine who the heirs are, start by mapping family relationships at the time of your father’s death. The statutory order of inheritance is:

1. Surviving Spouse – Under 12 Del. C. § 303, if your father left a spouse and no descendants or parents, the spouse inherits the entire estate. If he left both a spouse and descendants (all of whom are also descendants of the spouse), the spouse receives the first $100,000 plus 50% of the remaining estate; the descendants share the other 50% equally. If he left a spouse and descendants not all of whom are descendants of the spouse (for example, children from a prior relationship), the spouse inherits $50,000 plus 50% of the remaining estate; the descendants share the rest.
2. Descendants (Children and Their Issue) – Under 12 Del. C. § 307, if there is no surviving spouse, the entire estate passes to the decedent’s children equally. If any child predeceased the decedent but left descendants, those descendants inherit by representation (per stirpes).
3. Parents – Under 12 Del. C. § 309, if there is no spouse or descendants, the estate passes equally to the decedent’s surviving parents. If only one parent survives, that parent inherits the entire estate.
4. Siblings and Their Issue – Under 12 Del. C. § 311, if there are no spouse, descendants, or parents, siblings share the estate equally. If a sibling predeceased the decedent but left children, those children inherit by representation.
5. Further Relatives – If no closer kin exist, the estate passes to grandparents or their descendants, followed by more remote relatives as outlined in 12 Del. C. § 315.

Example: Suppose your father died leaving a surviving spouse and two children and his estate is worth $300,000. Under 12 Del. C. § 303, your stepmother receives the first $100,000 plus half of the remaining $200,000, for a total of $200,000. The two children split the remaining $100,000 equally, receiving $50,000 each.

How to Identify Your Father’s Heirs

1. Collect vital records. Gather birth, marriage, divorce and death certificates to confirm relationships.
2. Review adoption and paternity documents. Adopted children and legally established biological children qualify as heirs.
3. Ask family members. Build a family tree to identify descendants, siblings and parents.
4. Check probate court filings. Probate records list all potential heirs in the inventory and family tree.

Helpful Hints

• Consult a probate attorney. An attorney can interpret the statute and file necessary court documents.
• Work with a genealogist. Professional researchers can trace remote heirs.
• Use online public records. County clerk and vital statistics databases can confirm family links.
• Understand “per stirpes” vs. “per capita.” This distinction affects how an estate divides among descendants.