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Delaware Intestacy Laws
These are selections from the Delaware intestate succession statutes.  (Title 12 - Decedents' Estates and Fiduciary Relations)

 

The Intestacy Calculator™ uses these laws to automatically divide any intestate estate with just a few clicks.

 


§ 501. Intestate estate.
Any part of the real or personal estate of a decedent not effectively disposed of by will passes to the decedent's heirs as prescribed in the following sections of this chapter.

§ 502. Share of spouse.
The intestate share of the surviving spouse is:


(1) If there is no surviving issue or parents of the decedent, the entire intestate estate;


(2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate;

 

(3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate;

(4) If there are surviving issue, one or more of whom are not issue of the surviving spouse, one half of the intestate personal estate, plus a life estate in the intestate real estate.



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  See Also: Which state's intestacy laws apply at death? and How are intestacy laws interpreted?
The Delaware intestate succession statutes may be found in full by selecting this link.  (Title 12 - Decedents' Estates and Fiduciary Relations)


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