What Happens if You Die Without a Will in Delaware?
When no will is present, Delaware's intestate succession law determines who inherits based on marital status and closest relatives. Here's what that looks like.
If You are Married with Children
Your spouse inherits a set amount plus a share of the remainder and also has the right to use any leftover real estate for life.
- If your children are all also your spouse's children, your spouse inherits the first $50,000 of your estate, plus 1/2 of the remaining balance, along with a life estate in any intestate real property. Your children inherit the rest.
- If one or more of your children are not your spouse's children, your spouse inherits 1/2 of your personal estate, plus a life estate in any real property. Your children inherit the rest.
If You are Married Without Children
Your spouse inherits your entire estate, unless you have living parents. If you have living parents, your spouse inherits the first $50,000, plus 1/2 of the remaining balance and a life estate in any real property, and your parents inherit the rest.
If You Don't Have a Spouse, but Have Children
If you only have surviving children, they split your estate equally.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither parent survives, your siblings inherit next.
If No Living Relatives Can Be Found
Your property reverts to the state of Delaware, an infrequent occurrence since the state conducts a thorough search before allowing that to happen.
Other Things to Know about Dying Without a Will in Delaware
- In Delaware, unmarried partners have no automatic inheritance rights and stepchildren are generally only considered a beneficiary if they were legally adopted.
- A child born or adopted after you sign a will, and not provided for in it, is generally entitled to the same share they'd receive under intestacy.
- A surviving spouse also has the right to an elective share of the estate, separate from the intestate share described above.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Delaware, your estate may still avoid full probate if the gross value is $50,000 or less, using a simplified affidavit procedure. Larger estates go through the Register of Wills.
Check out our article to learn more about probate in Delaware.
If you're ready to take the next step, take our quiz to see if a will or trust is right for you.
