Updated September 4, 2026. Quick answer: in Delaware, dying without a will does not mean the state keeps the estate; it means Delaware’s intestacy statute (Del. Code Ann. tit. 12, § 502 (share of spouse); § 503 (share of heirs other than surviving spouse); § 506 (kindred of half blood).) decides who gets it, and the surviving spouse usually does not take everything. The single most common misunderstanding on this page: a stepchild or a child from an earlier relationship can cut the spouse’s share sharply below what most people assume.
What this guide covers
Who inherits from Delaware residents who die without a will is set by statute, not custom: Del. Code Ann. tit. 12, § 502 (share of spouse); § 503 (share of heirs other than surviving spouse); § 506 (kindred of half blood). and the sections around it. It governs only the probate estate: what is left after retirement accounts and life insurance with a living named beneficiary, payable-on-death accounts, property in joint tenancy with survivorship, and anything already in a funded trust have already passed outside it. This page covers the spouse’s share, who inherits if there is no spouse, and the rules that can change the answer: half-blood relatives.
The spouse’s share
When the spouse takes everything: The surviving spouse takes the entire intestate estate ONLY if there is no surviving issue AND no surviving parents of the decedent (section 502(1)).
When it is less than everything: Section 502: (1) the entire intestate estate if no surviving issue or parents; (2) the first $50,000 of the intestate PERSONAL estate plus one-half of the balance of the personal estate, PLUS a life estate (not a fee interest) in the intestate REAL estate, if no surviving issue but a parent or parents survive; (3) the identical formula, first $50,000 of personal estate plus one-half of the balance plus a life estate in the real estate, if there are surviving issue ALL of whom are also issue of the surviving spouse; (4) if there are surviving issue one or more of whom are NOT issue of the surviving spouse: the spouse’s share drops to one-half of the intestate PERSONAL estate ONLY (the $50,000 floor disappears entirely), plus a life estate in the real estate. This is Delaware’s blended-family reduction. Distinctively, Delaware bifurcates real and personal property throughout: the surviving spouse never takes a fee/outright interest in intestate real property under any scenario with surviving issue or parents, only a life estate, while the personal-estate share is the only place the dollar-plus-fraction/half-share mechanics apply.
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.
Source: Del. Code Ann. tit. 12, § 502 (share of spouse); § 503 (share of heirs other than surviving spouse); § 506 (kindred of half blood).
If a DIY will fits your situation in Delaware
In Delaware, a surviving spouse can end up sharing the estate with a stepchild or a child from an earlier relationship under the default rules above; a will is what lets you decide that instead of the statute. LawDepot builds a state-specific last will and testament.
LawDepot pays us a commission if you buy through this link; it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
Who inherits if there is no spouse
Section 503(a): (1) to the decedent’s issue, per stirpes; (2) if no surviving issue, to the parent(s) equally; (3) if no surviving issue or parent, to the issue of the decedent’s parents (siblings, nieces/nephews, etc.), per stirpes; (4) if no surviving issue, parent, or issue of a parent, to the next of kin, with a deceased next-of-kin’s issue taking per stirpes. Section 503(c) additionally bars an individual related through more than one line of relationship from taking more than a single (the largest) share.
Rules that change the outcome
Half-blood relatives: Full share. Section 506: ‘Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.’
What a will changes
A will does not just skip the statute above; it lets you choose who gets Delaware property that the intestacy rules would send somewhere else: a spouse who would otherwise share the estate with a stepchild, a partner who is not married and inherits nothing under intestacy at all, or specific people the statute’s ladder never reaches. It also lets you name an executor rather than leaving the court to appoint one. What it does not change: assets that already pass outside probate: a will has no effect on a beneficiary designation, a payable-on-death account, or property held in joint tenancy.
General information drawn from state intestate-succession statutes, not legal advice. Who inherits without a will is STATE law and differs in every state; the spouse’s share, the order of inheritance, and how half-blood and community-property rules apply all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.