Disclaimer
This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Delaware law, when a person dies without a valid will (intestate) and leaves no surviving spouse but does leave descendants, those children inherit the entire estate equally. This rule appears in Title 12 of the Delaware Code, Chapter 19, Subchapter II. Specifically, 12 Del. C. §1903(a)(1) states that when there is no surviving spouse, the decedent’s “issue” (children and further descendants) take the entire intestate estate by representation.
Key steps in Delaware intestate succession when there is no spouse and three children:
- Appointment of Personal Representative: A court must appoint an administrator or executor to manage the estate. Either children themselves or another qualified individual (such as a close relative or creditor) can petition the Delaware Probate Court for this role.
- Asset Identification and Valuation: The personal representative locates bank accounts, real estate, investments, and personal property. They obtain valuations to determine the total estate value.
- Payment of Debts and Expenses: The administrator uses estate assets to pay outstanding debts, funeral expenses, and administration costs. Creditors must file claims within specific deadlines set by Delaware law (12 Del. C. §1908).
- Distribution to Children: After debts and expenses, the remaining assets pass equally to the three children. For example, if the net estate equals $300,000, each child would receive 1/3 (approximately $100,000 each).
- Minor Children: If any child is a minor, the court may require appointing a guardian or establishing a minor’s trust under Delaware’s Uniform Transfers to Minors Act (12 Del. C. §§3901–3911).
Legal Reference
Delaware intestate succession statute: 12 Del. C. §1903
Helpful Hints
- Gather all financial records (bank statements, deeds, investment portfolios) early to streamline probate.
- File a petition for administration promptly in the appropriate Delaware Court of Chancery or Superior Court probate division.
- Notify potential heirs and creditors to comply with statutory notice requirements.
- Consider setting up a trust or guardianship for minor beneficiaries to ensure proper management of their inheritance.
- Keep detailed estate accounting records to facilitate court approval of the final distribution.
- Consult a Delaware probate attorney to navigate deadlines and complex issues like real estate transfers or tax filings.