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Intestate Succession Laws in Delaware

In Delaware, when the deceased leaves children who are all also the spouse's children, or leaves no children but a parent, the surviving spouse takes the first $50,000 of personal property plus one-half of the remaining personal property and a life estate in the real estate. Delaware is not a community property state.

Last checked . General information, not legal advice.

Delaware at a glance

Spouse share with shared children
First $50,000 plus 1/2 of personal estate, life estate in land
If any child is not also the spouse's child, the spouse takes 1/2 of the personal estate plus a life estate in the real estate.
Spouse takes all with shared children
No
Spouse share with parents, no descendants
First $50,000 plus 1/2 of personal estate, life estate in land
The spouse takes the entire estate if no child or parent survives.
Community property state
No

Sources

Last checked

The rules in Delaware

How much does a surviving spouse inherit in Delaware when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Delaware: First $50,000 plus 1/2 of personal estate, life estate in land. If any child is not also the spouse's child, the spouse takes 1/2 of the personal estate plus a life estate in the real estate.

Does a surviving spouse in Delaware inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in Delaware: no.

How much does a surviving spouse inherit in Delaware when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Delaware: First $50,000 plus 1/2 of personal estate, life estate in land. The spouse takes the entire estate if no child or parent survives.

Is Delaware a community property state?

No. Community property state in Delaware: no.

Where do the Delaware intestate succession laws come from?

The rules above come from Del. Code tit. 12, 502. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.