Del. C. » Title 12 — Descent and Distribution; Escheat · CHAPTER 5. Intestate Succession · Decedents’ Estates and Fiduciary Relations
Delaware Code

12 Del. C. § 502 (2026)

Share of spouse

✓ current as of May 2026
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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.

59 Del. Laws, c. 384, §  1;  60 Del. Laws, c. 199, §  6; 
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1965–2026 · leading case: In re Johnson, 601 B.R. 365 (Bankr. E.D. Pa. 2019).
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In re Johnson, 601 B.R. 365 (Bankr. E.D. Pa. 2019). “12 Del. C. § 502(4) ; 12 Del. C. § 503. The Second Wife, who also lived in Delaware, passed away several years ago, leaving the Debtor and his two sisters each with a 1/3 interest in the Property.”
Madden v. Phelps, 671 A.2d 870 (Del. Ch. 1995). “12 Del.C. §§ 502, 503. Even if Albert and Eva were divorced prior to Albert’s death, Albert’s children would be entitled to the entire estate rather than Sarah Madden.”
Venera Casson, Dannique ) Casson, & Clarence Adams v. Cary Norris (Del. Ch. 2026). · cites it 2× “Plaintiffs requested the Court enter an order modifying or terminating Defendant’s life estate in the Subject Property; Defendant requested the Court not alter his life estate; and I directed Defendant to provide proof that he went to the hospital necessitating a continuance of…”
Anthium, LLC v. Shelton (Del. Super. Ct. 2019). “2 See 12 Del. C. § 502. While the parties agree that Delaware’s intestate succession laws apply and that the interests in the Property distributed in this manner, neither 2 Citifinancial assigned the Mortgage to Citifinancial Servicing, LLC, which then assigned the Mortgage to…”
Est. of Queen Elizabeth Waples v. Ada Burton (Del. Ch. 2020). “42 See 12 Del. C. §502. I take judicial notice of Register of Wills filings for the estate of Augustus Waples, Sr.”
Anthium, LLC v. Shelton (Del. Super. Ct. 2020). “Bridgette Wood died in 1 See 12 Del. C. § 502. While the parties agree as to this application of Delaware’s intestate succession laws, neither party cites to specific statutory authority.”
Church, Jr. v. Harmon (Del. Super. Ct. 2023). “See also 12 Del. C. §502(4) (“The intestate share of the surviving spouse is … [i]f 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.”
In Re the Est. of Tierney, 216 A.2d 683 (Del. Ch. 1965). “12 Del.C. § 502; Godwin v. Marvel (Del. Orphans’ Court), 99 A.”
— 12 Del. C. § 502(4) — 3 cases
In re Johnson, 601 B.R. 365 (Bankr. E.D. Pa. 2019). “12 Del. C. § 502(4) ; 12 Del. C. § 503. The Second Wife, who also lived in Delaware, passed away several years ago, leaving the Debtor and his two sisters each with a 1/3 interest in the Property.”
Venera Casson, Dannique ) Casson, & Clarence Adams v. Cary Norris (Del. Ch. 2026). “Plaintiffs requested the Court enter an order modifying or terminating Defendant’s life estate in the Subject Property; Defendant requested the Court not alter his life estate; and I directed Defendant to provide proof that he went to the hospital necessitating a continuance of…”
Church, Jr. v. Harmon (Del. Super. Ct. 2023). “See also 12 Del. C. §502(4) (“The intestate share of the surviving spouse is … [i]f 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.”
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