- Married with no children
- The surviving spouse receives the entire estate if there are no surviving children or parents of the deceased. If the decedent is survived by parents, the spouse receives the first $50,000 of the estate plus one half of the balance plus a life estate in the real estate.
- Married with child or children
- If there are surviving children all of whom are also children of the surviving spouse, the surviving spouse receives the first $50,000 of the estate plus one half of the balance of the estate plus a life estate in the real estate. If there are surviving children who are not children of the surviving spouse, that spouse receives one half of the estate plus a life estate in the real estate.
- Order of estate distribution if spouse survives
- 1) spouse – see rule above
2) children of the decedent
3) siblings and the children of each deceased sibling
4) next of kin of the decedent and the children of deceased next of kin - No spouse survives or the decedent was not married but there are other relatives
- The estate is distributed as shown below.
- Order of estate distribution if decedent not married
- 2) children of the decedent
3) siblings and the children of each deceased sibling
4) next of kin of the decedent and the children of deceased next of kin - No surviving relatives
- The estate goes to the state of Delaware.
- State link
- http://tinyurl.com/c7bbmc
- Special notes
- Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of succession.
