When there is no will in Delaware

Who inherits under the state's intestacy law, and what that means for the people left to sort things out.

Last updated May 11, 2026. Sources are linked at the bottom of the page.

No will does not mean no plan

When someone dies without a valid will, the state's intestacy law decides who inherits. It is a fixed formula based on who survived them: spouse, children, parents, siblings, and so on. The court still appoints someone to settle the estate; they just follow the statute instead of a will. Assets with a named beneficiary, joint accounts, and trust property are not affected by any of this.

Who inherits in Delaware

Surviving spouse takes a fixed sum plus a share of the remainder when there are descendants. Spouse and parents may share when there are no descendants. Otherwise spouse takes all.

Governing statute	12 Del. C. §501 et seq.
Read the statute	delcode.delaware.gov/title12/c005

Two things families get wrong

Unmarried partners inherit nothing under intestacy. No matter how long the relationship, intestacy law in nearly every state recognizes only legal spouses and blood or adopted relatives. A partner's protection comes from beneficiary designations, joint ownership, or a will that was never written.
Stepchildren usually are not heirs unless they were legally adopted. The statute above is the authority for your state.

The estate may still qualify as a small estate

Having no will does not rule out the simplified procedure. If the estate meets Delaware's small-estate limits, the shortcut is usually available. See probate in Delaware for the threshold.

Want this organized for your situation? The free walkthrough asks a few questions about who died, where, and your relationship to them, and builds a checklist for the first days and weeks in Delaware.

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Primary sources

12 Del. C. §501 et seq.: delcode.delaware.gov/title12/c005