Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a Delaware resident dies intestate (without a valid will) and leaves no surviving spouse but two children, Delaware’s intestate succession statutes govern the distribution of the estate. Under Del. Code Ann. tit. 12, § 302 (Descent of intestate estate), the entire estate passes to the decedent’s descendants when no spouse survives. Because two children survive, the estate divides equally between them under Del. Code Ann. tit. 12, § 307 (Distribution to descendants).
If a child had predeceased the decedent but left children of their own, that share would pass down per stirpes under Del. Code Ann. tit. 12, § 304 (Children and descendants; representation).
Common Probate Process in Delaware
- File a petition for administration with the Delaware Court of Chancery.
- Obtain and file a certified copy of the death certificate.
- Identify all heirs and notify creditors.
- Gather, appraise, and inventory the estate’s assets.
- Pay valid debts, taxes, and administrative costs.
- Distribute the net estate equally to the two children per § 307.
Helpful Hints
- Confirm all potential heirs early to avoid later disputes.
- Search thoroughly for digital assets and online accounts.
- Keep meticulous records of expenses, notices, and distributions.
- Meet all court deadlines to prevent administrative delays.
- Consider consulting a probate attorney if the estate involves complex assets.