What Happens If You Die Without a Will in Delaware?

When someone passes away without a will in Delaware, the process that follows - called intestacy - can create a lot of confusion for families. Sometimes, the outcome is simple: everything may go to the surviving spouse, or it may be divided among the surviving children. But often it’s more complicated, and the uncertainty can cause real problems for the people left behind.

Delaware has an intestate statute that lays out who receives property when there’s no will. The law tries to cover every possible family situation, but that can lead to unusual and sometimes frustrating results.

1. If there’s a surviving spouse and children from a prior marriage, the property may be divided in unexpected ways.
2. If there are children from two different marriages, or no children but surviving siblings, the combinations can get very complex.
3. In some cases, a spouse may own the family home only for the remainder of their lifetime, and when they pass, the children automatically become the new owners.

That might sound workable, but it creates serious challenges. No one can sell the home outright, because no one has complete ownership. A mortgage company won’t lend against property that may shift ownership later. These kinds of restrictions leave families stuck.

Even without a will, Delaware law gives the surviving spouse a significant portion of the estate - this is called the “elective share.” It applies regardless of what the intestate statute says.

A spouse can also waive that right, which reshuffles how property is divided among the remaining heirs. Every decision changes the balance, which makes the process unpredictable.

The short answer is simple: there’s no good reason not to have a will. A will avoids confusion, protects your family from complicated outcomes, and makes sure your property goes where you want it to go.

Many people think, “I don’t have much, so I don’t need a will.” In reality, that can make things even harder for your family. Less property doesn’t mean fewer headaches - it often means the opposite.

Having a will is an act of care. It spares your loved ones from stress during an already difficult time and gives you peace of mind knowing your wishes will be honored.

If you don’t have a will in place - or if your current plan is outdated - now is the right time to make it simple and clear for your loved ones. At my firm, I guide families through this process every day with compassion and straightforward advice.

Reach out today to start building the peace of mind that comes with knowing your family is protected.