(a) The part of the intestate estate not passing to the surviving spouse under § 502 of this title, or the entire intestate estate if there is no surviving spouse, passes as follows:
(1) To the issue of the decedent, per stirpes;
(2) If there is no surviving issue, to the decedent’s parent or parents equally;
(3) If there is no surviving issue or parent, to the issue of the decedent’s parents, per stirpes;
(4) If there is no surviving issue, parent or issue of a parent, then to the next of kin of the decedent, and to the issue of a deceased next of kin, per stirpes.
(b) Any property passing under this section to 2 or more persons passes to such persons as tenants in common.
(c) An individual who is related to a decedent through more than 1 line of relationship is entitled to only a single share based on 1 line of relationship. If the shares from the lines of relationship are unequal, the individual is entitled to the largest share. The individual and the individual’s descendants are deemed to have predeceased the decedent with respect to the other line or lines of relationship.
59 Del. Laws, c. 384,
§
1;
70 Del. Laws, c. 186,
§
1;
85 Del. Laws, c. 156,
§
2;
Notes of Decisions
Cited in
12
cases (
5 in the last 5 years), 1980–2026 · leading case:
In re Johnson, 601 B.R. 365 (Bankr. E.D. Pa. 2019).
In re Johnson, 601 B.R. 365 (Bankr. E.D. Pa. 2019).
“§ 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.”
Chinn v. Downs, 421 A.2d 915 (Del. Ch. 1980).
“12 Del.C. § 503(1), (3) and (4). The pertinent testamentary language in the case of In re Smith’s Estate, supra, reads as follows: “After the death of my said son Clifford, and after the death or marriage of the said Lavinia Brown, then in special trust to divide and pay over…”
Anthium, LLC v. Shelton (Del. Super. Ct. 2019).
“See 12 Del. C. § 503(1) (“The part of the intestate estate not passing to the surviving spouse .”
Anthium, LLC v. Shelton (Del. Super. Ct. 2020).
“See 12 Del. C. § 503(1) (“The part of the intestate estate not passing to the surviving spouse .”
IMO the Est. of Joseph L. Weddington, Jr. (Del. Ch. 2025).
“Under 12 Del. C. § 503, in relevant part, when a decedent has no surviving spouse, the entire intestate share passes to “the issue of the decedent, per stirpes.”
— 12 Del. C. § 503(1) — 5 cases
Chinn v. Downs, 421 A.2d 915 (Del. Ch. 1980).
“12 Del.C. § 503(1), (3) and (4). The pertinent testamentary language in the case of In re Smith’s Estate, supra, reads as follows: “After the death of my said son Clifford, and after the death or marriage of the said Lavinia Brown, then in special trust to divide and pay over…”
Anthium, LLC v. Shelton (Del. Super. Ct. 2019).
“See 12 Del. C. § 503(1) (“The part of the intestate estate not passing to the surviving spouse .”
Anthium, LLC v. Shelton (Del. Super. Ct. 2020).
“See 12 Del. C. § 503(1) (“The part of the intestate estate not passing to the surviving spouse .”
— 12 Del. C. § 503(4) — 1 case
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