Delaware Code

12 Del. C. § 501 (2026)

Intestate estate

✓ current as of May 2026
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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.

59 Del. Laws, c. 384, §  1
Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1953–2025 · leading case: IMO the Est. of George Wroten Cordray & Robert L. Lane, Admin. for the Est. of George Wroten Cordray (Del. Ch. 2023).
IMO the Est. of George Wroten Cordray & Robert L. Lane, Admin. for the Est. of George Wroten Cordray (Del. Ch. 2023). “3 See 12 Del. C. §§ 501 et seq. 4 This Court adjudicated George’s only sibling, Norris, Jr.”
IMO Est. of George Wroten Cordray (Del. Ch. 2023). “Lane, administrator of the Estate of George Wroten Cordray, distribute the estate of George Wroten Cordray, to the descendants of Decedent’s grandparents per stirpes in accordance with 12 Del. C. §§ 501 et seq. /s/ Sam Glasscock III Vice Chancellor 4”
Cynthia H. Hall v. Beverly A. Mundy (Del. Ch. 2025). “53 12 Del. C. § 501. 54 12 Del. C. § 503(1).”
Godwin v. Marvel, 99 A.2d 354 (Del. Super. Ct. 1953). “12 Del.C. § 501. The Act of 1827 was changed in a number of minor respects in the Revised Code of 1852, Chapter 85.”
In Re the Est. of Tierney, 216 A.2d 683 (Del. Ch. 1965). “12 Del.C. § 501 Since he was dealing with realty only, Justice (then Judge) Carey noted in the Godwin opinion that he was not required to decide whether the language of the 1829 statute governing the distribution of intestate personal property also adopted a per stirpes rule.”
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